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Civ Pro midterms
Supreme Court Cases
7
Law
Graduate
10/05/2009

Additional Law Flashcards

 


 

Cards

Term
State Farm Mutual Automobile Insurance v. Campbell
Definition
should have settled, 14th amendment violation. Punished for the harm done the plaintiff
Term
Punitive Damages (elements)
Definition
1. The degree of responsibility of the defendant's misconduct;
2. The disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and
3. The difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases
Term
Evans v. Jeff D.
Definition
Court said no settlement w/out fees Rule 23(e)
Term
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources
Definition
Needs the judicial imprimatur to be awarded attorneys fees. changed behavior isn't enough
Term
Fuentes v. Shevin
Definition
Replevin Due Process of law only in extraordinary situations
Term
Bell Atlantic v. Twombly
Definition
We do not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face
Term
Ashcroft v. Iqbal
Definition
Plaintiff has to allege that the defendants' actions violated his rights and they did it for a discriminatory purpose
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