Alex's Wooley Civ Pro Outline

Alex's Wooley Civ Pro Outline - Alex More Big Outline Civil...

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Alex More Civil Procedure ’06 – Woolley Big Outline I. Overview – Introduction to Civil Procedure A. Two key questions 1. How do we balance enforcing rights with the need to reduce the risk of error? 2. How do we allocate power to enforce substantive rights and obligations? II. Claims and Defenses A. Introduction 1. The Anatomy of Claims and Affirmative Defenses a. Conditional Imperatives – if x is the case, then Δ is liable unless y . b. Defining “Claim” and “Affirmative Defense” 1.) Claim – A valid claim is a set of facts that gives rise to a right to relief in the courts. The if- statements of a conditional imperative are the elements of the claim 2.) Affirmative Defense – inless- statements are affirmative defenses to the claim. 2. Determining the Validity of Claims and Affirmative Defenses a. If the if…then clauses accurately state the substantive law and the facts fit, then the claim is valid unless Δ has a valid affirmative defense. The same must be asked of them. 3. Burdens a. The Burden of Pleading – who has responsibility for alleging a particular element in the pleadings. If Δ has responsibility for that element, π must do so in the complaint . If Δ has responsibility, Δ must plead such in the answer . Failure to plead may dismissal. c. The Burden of Production – a party meets its burden of production only if it has produced enough evidence that, if believed, would allow a reasonable jury to find for it. d. The Burden of Persuasion – in jury trials, the jury decides whether or not a party has satisfied its burden of persuasion. It’s who bears the risk of not persuading the fact-finder. 4. Standards of Proof a. Preponderance of the Evidence – more likely than not x is true. Used in most civil trials. b. Beyond a Reasonable Doubt – heightened standard used in criminal trials. c. Clear and convincing evidence – sometimes used in civil cases, between the other two. 5. Allocating Burdens – Gomez v. Toledo (Casebook pg. 586, Gomez claimed his discharge violated procedural due process because he didn’t get a hearing to defend himself) a. § 1983 – (1) deprivation of a federal right, (2) under color of state law. b. Qualified Immunity – a public official cannot be held liable unless acted in bad faith. At the time, that meant (a) knowledge of rights violation, (b) malicious intent to deprive. c. Allocating the Elements Relevant to the Claim – must π show bad faith as an element of the claim or must Δ show good faith as an affirmative defense? General Statutory Rule: if there is an exception clause, burden is on Δ, it’s an affirmative defense . d. The Gomez Court’s Rationale – Why Make Qualified Immunity an Affirmative Defense 1.) Language of the statute – this is a bad rationale since § 1983 is silent on the matter. 2.) Precedent – questionable here since QI was elsewhere used as a negative defense.
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This note was uploaded on 08/28/2008 for the course LAW 433 taught by Professor Wooley during the Spring '08 term at University of Texas at Austin.

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Alex's Wooley Civ Pro Outline - Alex More Big Outline Civil...

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