Kara Sears
The U.S. federal court system has the jurisdiction to handle both law and equity cases, with the Seventh Amendment preserving the right to a jury trial. The Federal Rules of Civil Procedure, adopted in 1938, merged law and equity into a single civil jurisdiction, allowing legal and equitable claims to be joined in a single action. This has led to some difficulties in determining when there is a constitutional right to a trial by jury. The federal government can bring cases against individuals and companies for violations of consumer protection and competition laws, including fraud, scams, identity theft, and privacy violations. In the context of multiple criminal cases, the Kellett rule states that successive prosecutions for the same criminal act under different statutes are forbidden unless each statute contains a unique element. Immigration courts may consolidate or sever cases at their discretion or upon motion by one or both parties, with consolidation generally limited to cases involving immediate family members.
| Characteristics | Values |
|---|---|
| Consolidation of cases | The administrative joining of separate cases into a single adjudication for all parties involved |
| Consolidation limitations | Generally limited to cases involving immediate family members |
| Consolidation requirements | Filed in advance of any filing deadline, with a cover page labeled "MOTION FOR CONSOLIDATION" |
| Severance of cases | The division of a consolidated case into separate cases relative to each individual |
| Severance requirements | Filed in advance of any filing deadline, with a cover page labeled "MOTION FOR SEVERANCE" |
| Cases involving law and equity | Legal and equitable claims can be joined in a single action |
| Jury trial | The Seventh Amendment preserves the right to a jury trial |
| Double jeopardy | Successive prosecutions for the same criminal act are forbidden |
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What You'll Learn
Combining cases involving immediate family members
The US federal court system has three main levels: district courts, circuit courts, and the Supreme Court. Federal courts hear criminal, civil, and bankruptcy cases, as well as cases that raise a "federal question" involving the US Constitution, federal laws, or the government.
In the US, each state has a different system for addressing family law cases, including divorce. Family courts were first established in the US in the late 1910s, with the idea that combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'family court' would reduce jurisdictional overlap and ensure deep, rehabilitative treatment by probation officers across family-related conflicts. Over time, the criminal nature of family courts was replaced by a more civil approach, and family courts retained jurisdiction over divorce.
While federal courts can hear cases involving family law matters, these are typically handled by state courts, which have jurisdiction over state laws, including family law, contract cases, and traffic violations. State courts handle more cases and interact with the public more than federal courts, and federal court cases are more likely to impact national affairs.
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Cases joined under the Kellett rule
In Kellett v. Superior Court, the California Supreme Court ruled that when the prosecution is or should be aware of more than one offence in which the same act or conduct plays a significant part, all such offences must be prosecuted in a single proceeding. This ruling established the Kellett rule, which states that successive prosecutions for the same criminal act or transaction under two different criminal statutes are forbidden unless each statute contains an element not contained in the other. This is also known as the "same elements" or Blockburger test. The rule against multiple prosecutions is a procedural safeguard against harassment and aims to avoid repetition of evidence, as well as save time and money for both the state and defendants.
The Kellett rule is based on Penal Code Sections 654 and 954. Section 654 states that an act or omission made punishable in different ways by different provisions of the code may be punished under either provision, but not both. It further states that an acquittal or conviction and sentence under one provision bars a prosecution for the same act or omission under any other provision. This section precludes multiple prosecutions and multiple punishments.
There have been numerous cases where the Kellett rule has been applied or considered. For example, in People v. Wasley (1970), the defendant was acquitted of robbery with prior felony convictions. The defence raised a Kellett issue, and the court ruled that he could not be subsequently prosecuted for being a felon with a firearm based on the gun used in the robbery. In another case, Sanders v. Superior Court (1999), the prosecutor could not add new charges based on the same evidence used in the earlier prosecution.
The Kellett rule also applies to juvenile offences. In In re R.L. (2009), the appellate court held that it was permissible for the prosecution to amend the petition to add counts after the minor admitted to one count. This ruling considered the legislative goals of Sections 654 and 954. However, the Kellett rule does have limitations. For instance, in People v. Carpenter (1999), the California Supreme Court denied a Kellett motion to consolidate cases involving two separate murders on different days by the "Trailside Killer", as they were not deemed to be part of a single act or course of conduct.
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Cases with compulsory counterclaims
A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim. If the defendant fails to assert a counterclaim in their answer, they are precluded from asserting it against the plaintiff in the plaintiff's pending action or in an independent action. Compulsory counterclaims are governed by Federal Rule of Civil Procedure 13(a). While failing to raise a compulsory counterclaim typically results in the loss of that claim, there are a few exceptions. For instance, if an otherwise compulsory counterclaim requires adding a party over whom the court cannot obtain jurisdiction, that counterclaim does not need to be raised. Additionally, if the pleader fails to make a compulsory counterclaim as a result of oversight, inadvertence, or excusable neglect, or if justice requires it, the court may allow the pleader to set up a counterclaim.
The amendment of Rule 13(h) expressly refers to Rule 20 and incorporates the revised criteria and procedures of Rule 19. It states that the party pleading the claim is to be regarded as a plaintiff and the additional parties as plaintiffs or defendants. Rule 13(h) does not attempt to regulate Federal jurisdiction or venue; however, decisional law has recognized "ancillary" Federal jurisdiction over counterclaims and cross-claims and "ancillary" venue for parties to these claims.
In the case of Robinson v. Texhoma Limestone, Inc., 2004 OK 50, 100 P.3d 673, the Oklahoma Supreme Court described the elements of res judicata or claim preclusion as follows:
- Identity of subject matter and parties or their privies in the prior litigation;
- A court of competent jurisdiction heard the prior litigation; and
- The judgment rendered in the prior litigation must have been a judgment on the merits of the case and not upon purely technical grounds.
The Robinson case involved a collision between a pickup truck and a tractor-trailer, resulting in fatalities and injuries. The estates of the passengers in the pickup truck separately sued the owner/employer of the tractor-trailer and its employee/driver. In each suit, the defendants filed third-party claims against the plaintiff, Robinson. Robinson later sued the owner/employer of the tractor-trailer and its employee/driver for personal injury. The defendants moved to dismiss, arguing that Robinson's claim was barred because he failed to assert it as a compulsory counterclaim when he answered the third-party petition in the prior wrongful death case.
In another case, Burggraf v. Davises, 2011 OK CIV APP 38, ¶ 14, 256 P.3d at 91, the Court of Civil Appeals rejected the claim preclusion argument asserted by Burggraf. Burggraf contended that the dismissal with prejudice in the second small claims suit barred future litigation of all claims, including compulsory counterclaims, that could have been raised by the Davises. The Court of Civil Appeals disagreed, noting that there was no holding that a plaintiff could unilaterally dismiss their case with prejudice and thereby automatically preclude the defendant from subsequently litigating their claims. Such a rule would be contrary to the purpose and intent of the Oklahoma Pleading Code, which requires a "just" determination of every action.
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Cases involving separate but overlapping circumstances
In the United States, the federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called "original jurisdiction." Sometimes, the jurisdiction of state courts will overlap with that of federal courts, and cases can be brought in both courts. The plaintiff chooses whether to bring the case in state or federal court, but the defendant may sometimes choose to "remove" to federal court.
When cases involve different areas of law, the court may decide not to consolidate them to keep each issue focused on its relevant legal standards and requirements. Courts typically consolidate cases when they involve overlapping facts and legal issues. If the issues in each case are distinct, the court may decide it’s more efficient to address them separately. For example, if one case is a civil claim for damages, and the other is a family law dispute, the court may decide to keep them separate.
If the two cases are at different stages in the legal process, consolidation might delay one or both cases. For instance, if one case is close to trial and the other is in the early stages, combining them could mean redoing parts of the trial preparation. Courts often weigh whether consolidating would cause delays or affect procedural fairness. If combining cases would create significant delays or disrupt one party’s case preparation, the court may decide to keep them separate.
Additionally, courts consider whether consolidation would unfairly prejudice either party. For example, if one case involves highly sensitive or inflammatory issues that could impact the fairness of the other case, the court may keep them separate to avoid prejudicing the judge or jury.
In cases involving separate but overlapping circumstances, the court has the discretion to consolidate them if it is deemed appropriate and in the best interest of all parties involved.
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Cases with offensive collateral estoppel
Offensive collateral estoppel, also known as offensive issue preclusion, occurs when a plaintiff raises collateral estoppel against the defendant from a previous case. In other words, it is used by a plaintiff in a subsequent suit to prevent a defendant from relitigating an issue that has already been decided upon. This can only be used by parties to the initial lawsuit, though there are some exceptions. For example, if a court rules that Frank can recover damages from Sally because of Sally's negligence, Susan (who was not a party to the original case) cannot raise collateral estoppel regarding Frank's negligence in a separate case against him.
The use of offensive non-mutual collateral estoppel may work against the goal of judicial economy. This is because it encourages potential plaintiffs to "test the waters" and see the strength of the defendant's case. If the defendant's case is weak, there is a greater incentive for new plaintiffs to sue and claim that the defendant is estopped based on the prior adverse ruling.
Courts have broad discretion in deciding whether to allow non-mutual offensive issue preclusion. Some common justifications for allowing it include misaligned incentives in the first case, different procedural factors in the first case compared to the second, and whether the plaintiff in the second case could have easily joined the first.
The Federal Trade Commission (FTC) provides several examples of cases involving offensive collateral estoppel. In one instance, the FTC sued Facebook, arguing that the company was illegally maintaining its personal social networking monopoly through a series of anticompetitive actions, including the acquisition of rival companies such as Instagram. In another case, the FTC filed a lawsuit against the three largest prescription drug benefit managers (Caremark Rx, Express Scripts, and OptumRx) and their affiliated group purchasing organizations, accusing them of engaging in anticompetitive and unfair rebating practices that artificially inflated insulin drug prices.
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Frequently asked questions
Case consolidation is the administrative joining of separate cases into a single adjudication for all the parties involved.
Consolidation is generally limited to cases involving immediate family members, such as when spouses or siblings have separate but overlapping circumstances or claims for relief. Cases can also be consolidated when they involve the same criminal act or transaction under two different criminal statutes.
A written motion for consolidation must be filed, including a cover page labelled "MOTION FOR CONSOLIDATION" and complying with the deadlines and requirements for filing. A copy of the motion should be filed for each case included in the request for consolidation, and it should be filed as far in advance of any filing deadline as possible.
Yes, this is known as severance. A written motion for severance must be filed, including a cover page labelled "MOTION FOR SEVERANCE", and complying with the deadlines and requirements for filing. A copy of the motion should be filed for each case included in the request for severance, and it should be filed as far in advance of any filing deadline as possible.
