Due Process
What triggers a right to due process?
Deprivation of life, liberty, or property (also an entitlement- property interest or statutory benefit)
What is a cause of action?
- facts that show rights have been violated, facts constituting right of action
confluence of the facts + the identified right of action= cause of action
New rule for pleading requirements under Iqbal (looks similar to code/fact pleading)
heightened the requirement for notice pleading?
5 steps:
1. identify operative facts
2. Identify right of action-> whats been violated?
3. Identify elements of complaint-> duty, breach, causation,
4. Set aside conclusory allegations
5. Determine if factual allegations state "plausible claim for relief" -> a person can draw a reasonable inference.
Traditional v. Modern Approach
You either satisfy traditional or modern, either one is sufficient.
Long-Arm Statute
measures a non-residents contact w/ forum state, and if those contacts are sufficient enough for personal jur.
What is a class action lawsuit?
a type of representative litigation in which one or more parties sue or are sued as representatives of a larger group of similarly situated persons or entities ("the class"
*GOVERNED BY FRCP 23*
- You are not a party unless you've been served
- Parties may not be given notice until action is over
- Purpose of a class action is a pragmatic alternative to joinder of many individuals (fairness & efficiency!)
What is a complaint?
A document in which a party asserts a right to complaint against another party.
- Initiating doc that tells factual story
- needs to be filed in court to start legal process, and D needs to be served.
- Describes controversy & makes allegations
- Allegations must constitute a cause of action.
What is Fact Pleading/Code Pleading? What case did we study that involved this kind of pleading?
CA Code of Civil Procedure 425.10 (a)
(a) a complaint or cross-complaint should have both:
1. a statement of facts constituting cause of action
2. a demand for judgement for the relief that pleader requests, if the recovery of $ or damages is demanded, amount shall be stated.
(b) notwithstanding (a), when an action is brought to recover damages for personal injury or wrongful death, amount $ demanded shall not be stated, but should comply w/ section 422.30 or sub (b) of 70613 of Gov't Code.
Specific Jurisdiction
Personal Jurisdiction over a D that is derived from D's activities in a state, giving the court pwer to adjudicate claims arising out of those activities; specific jur only exists if the D has sufficient min. contacts to satisfy due process.
*for both specific and general, contracts have to be purposefully directed at state or purposeful activity in state.
Due Process Standard of Personal Jurisdiction
When the court has jurisdiction over their person or prop; bind a person to court's judgement
*connecting factors (meaningful connections) creating a reasonable expectation of suit)
- If the person is sufficiently affiliated w/ state
- properly served.
- P chooses forum state, so we onyl worry about non-resident D's-> can the court exercise personal jur over non-res defendants? Satisfied under traditional or modern approach.
What are the 5th and 14th amendments?
5th=- imposes a limit of pwer on National Government
14th- imposes a limit on the power of state governments.
How do you determine a plausible claim?
- when you satisfy code pleading
- when they are not missing factual allegations of intent, taking out conclusory allegations, are there enough factual allegations?
- line up ultimate facts w/ cause of action
What is Notice Pleading/Simplified Pleading? What case did we study that involves this kind of pleading?
Requires only enough factual detail to put other part on notice of claim. But still must contain more than just mere conclusion of law.
*A standard that all complaints must conform to is that they contain a statement of facts constituting cause of action (both notice & factual)
Case: Conley v. Gibson
General Jurisdiction
A court can assert gen jur. over a D if D's affiliations w/ forum state are so continuous and systematic as to render D "at home" in the state.
*Case- Daimler A.G. v. Bauman*
Rule 12 defenses
(b):
1. lack of subject matter jur
2. lack of personal jur
3. improper venue
4. insufficient process (pleadings)
5. insufficient service of process
6. Failure to state a claim in which relief can be granted.
What is FRCP 23? (hint, what elements are needed for a class action lawsuit?)
One or more members of a class may sue or be sued on behalf of all members only if:
1. The class is so big that joinder is impracticable
2. There are Q's of law or fact common to the class
3. The claims or defenses of representative parties are typical of the claims & defenses of the entire class
4. The rep. parties will fairly & adequately protect interests of the entire class.
Factual Allegations/Conclusory Allegations/Ultimate Facts
Factual allegation or evidentiary fact: an assertion of a fact that the pleader believes to be true, has evidentiary basis, critical elements of a story
Conclusory allegations: just restating the cause of action (ex: he was negligent) or an element of a cause of action (he had a duty to me and he breached said duty) (ex. you are suing for breach of contract, your allegation is that he breached a contract).
Ultimate facts = essential facts that show there is a cause of action
Rule 8 of FRCP (Claim for relief)
A pleading that states a claim for relief must contain:
1. A short, plain statement on teh grounds for the courts subject matter jur., unless court already has jur., then laim needs no new jur. support
2. A short & plain statement of claim showing pleader is entitled to relief, and
3. a demand for the relief sought, which may include relief in the alternative or diff. types of relief.
*as long as story is told to give enough info, that is sufficient*
International Shoe Spectrum
No Contacts or Ties w/ State-> not enough for personal jur
Single, Sporadic, Unrelated-> not enough for personal jur.
Single, Sporadic, & Related-> sometimes enough for personal jur
Continuous, systematic contact; ex. procedure in place-> almost always
Contact systematic & so substantial-> always personal jur. , even if act is unrelated.
Personal Jurisdiction Problem Steps:
does the claim satisfy:
1. Traditional Basis of Jurisdiction
a. physical presence
b. voluntary appearance in court
c. consent to service on an agent
d. domicile
(are any of these satisfied?)
2. If traditional basis is not met:
a. State long arm statute 4k(1)(a) (fed court borrows rules from state court)
3. Minimum Contacts:
a. purposeful availment
i. activites in state- international shoe
ii. contractual relationship w/ forum state - BK
iii. Stream of commerce- V.W.
iv. effects on forum- Calder
If minimum contacts are not satisfied, is relatedness?
1. General jurisdiction-> "at home" test
2. Specific Jurisdiction-> "arising out of/related to "but for"- ford
What is the purpose of the Mathews Test, and what are the 3 steps?
Purpose: to evaluate fairness & efficiency, which are basic principles behind due process. Makes sure administrative processes of due process align with constitutional requirements.
1. What is the interest at stake? what private interests will be affected by official action
2. How is this interset being processed? What are the procedures being used? How effective are they? Will any additional procedures help?
3. What would be the cost of adding any additional procedures? Fiscal/Administrative burdens from add'tl or substitute procedures.
Doctrine of Less Particularity
P's allegations may be presented w/ less specificity, so long as they provide D with notice.
Can be applied if D has superior knowledge
Applies when other side has monopoly on the info, and reason to believe info exists.
2 types of responses to complaints: Answers and Motions
Answer= can deny facts, can establish affirmative defenses, can include counterclaims
Motion= procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case *ex. 12(b)(6) motion to dismiss.
Explain international shoe/ requirements for minimum contact
- Minimum contacts include: activities in state, contractual relationship w/ forum, stream of commerce, effect in forum
In Int'l shoe, Company was delaware corp, operating in MS, but has salespeople & manufacturers shoes in Washington. That satisfies minimum contacts because they are benefitting from sales in state, and contacts of salespeople were continuous/systematic/related/purposeful (purposefully directed at washington)
Personal Jurisdiction Cases- what PJ topic does each cast cover? (hint: IBWCWDBF)
International Shoe- minimum contacts
Burger King- Purposefully directed activities towards forum state
WW Volkswagen- minimum contacts- foreseeability is not enough
Calder- Purposefully directed activities at forum state- Calder effects test- intentional, brunt of harm felt in forum state, aimed at forum state)
Walden-minimum contacts- contacts w/ forum state must arise out of D's actions)
Daimler- General Jur- contacts must be continuous and systematic within forum state)
Bristol-Meyers- Specific Jurisdiction (contacts w/ forum state must relate to issue)
Ford- Specific Jur. (claim must "arise out of" contacts/conduct with state, "but for" causation).