Texas Civil Procedure I

Front 1

What is Fundamental Error?

Back 1

An error which directly and adversely affects the interest of the public generally, as that interest is declared by the statutes or Constitution of Texas.

-Example: Lack of SMJ is a fundamental error.

Front 2

Is failure to join an indispensable party a fundamental error?

Back 2

No

Front 3

What does it mean to have standing?

Back 3

To have standing, a party must have suffered a threatened or actual injury.

Front 4

What are the differences between ripeness and standing?

Back 4

While standing focuses on the issue of who may bring an action, ripeness focuses on when that action may be brought. Under the ripeness doctrine, the courts consider whether, at the time a lawsuit is filed, the facts are sufficiently developed so that an injury has occurred or is likely to occur, rather than being contingent or remote.

• Thus the ripeness analysis focuses on whether the case` involves "uncertain or contingent future events that may not occur as anticipated or may not occur at all."

• A case is not ripe when determining whether the plaintiff has a concrete injury depends on contingent or hypothetical facts, or upon events that have not yet come to pass.