Overview of Civil Procedure

1. Objectives of a procedural system

   1. Truth

   2. Resolution of disputes

      1. Efficiency

      2. Economy

      3. Fairness

2. Jurisdictional concepts

   1. Limited jurisdiction: family courts, bankruptcy courts

   2. Original jurisdiction

   3. Appellate jurisdiction

   4. Concurrent jurisdiction: more than one court have jurisdiction, in this case P can choose a court to bring suit (Federal/ State courts)

      1. Removal: Any civil action brought in a state court of which the disctrict courts of the U.S. have original jurisdiction may be removed by the D to the district court of the U.S. for the district and division embracing the place where such action is pending.

   5. Exclusive jurisdiction: Congress sometimes passes statutes requiring certain kinds of claim to be brought only in federal court.

Jurisdiction (Art. III, 28 USC §1331-32)

1. Subject Matter Jurisdiction: type of dispute (diversity or federal law).

   1. For purposes of determining whether diversity jurisdiction exists, a person is a “citizen” of the state in which he or she is “domiciled.” For adults, domicile is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.

   2. Advantages of filing in federal court: speed, picking or avoiding trier of fact

2. Personal jurisdiction

   1. fairness to parties (focus on defendant’s contacts)

3. Venue: Location of trial (convenience to parties)

   1. Only after subject matter and personal jurisdiction are established.

The complaint (Rule 7, 8)

1. Rule 8 requires that a complaint merely consist of a short and plain statement of the claim showing that the pleader is entitled to relief.

2. Pre-answer motions Rule 12

3. Answers to a complaint:

   1. Deny

   2. Admit+ affirmative defense

   3. Counterclaim

   4. Crossclaim: D1 sues D2

   5. Third party claim: D sues third party, e.g. insurance company

4. Joinder

   1. Add additional parties

   2. Joinder of claims

5. Amendment Rule 15

   1. The court should freely give leave to amend when justice so requires

Parties to the lawsuit, Joinder (Rule 20)

1. Rule 20(a)(2)(A) provides that all persons may be joined in one action as defendants if there is asserted against them “any right to relief… arising out of the same transaction, occurrence, or series of transactions or occurrences.”

Discovery (Rule 26)

1. Two limits

   1. Relevance: interpreted broadly

   2. Privilege: cannot get information

Summary Judgment (Rule 56)

1. Timing is post-discovery

2. Court considers all evidence in light most favorable to non-moving party.

Trial

1. JNOV: Only when the evidence so strongly and so favorably points in the favor of the moving party that reasonable people could not arrive at a contrary verdict.

Former Adjudication

1. Claim preclusion (res judicata)

   1. Same claim (multiple types of damages)

   2. Between same parties

   3. Judged on its merits

   4. Judgment must be final

2. Issue preclusion (collateral estoppel)

   1. Once a court has decided an issue of fact or law necessary to its judgment, that decision precludes relitigation of the issue in a suit on a different cause of action involving a party to the first case.

3. Merger: claims in the second lawsuit cannot be brought because it’s merged in the judgment in the first lawsuit

4. Rationales

   1. Efficiency

   2. Economy

   3. Repose: parties should be able to rely on the judgment and make future plans

   4. Fairness: parties already have the opportunity to fully adjudicate the issue

Preliminary investigations (Rule 11)

1. The Lawyer’s Responsibility

   1. Rule 11(b)(1): not to bring a lawsuit for improper purpose

   2. Rule 11(b)(2): claims are warranted by existing law or nonfrivolous argument for extension of the law

   3. Rule 11(b)(3): must investigate the facts

   4. Rule 11(c): sanctions may be imposed on parties violating. Sanctions can be imposed on lawyer, law firm, or the parties.

   5. Rule 11(c)(1): Sanctions initiated by party with motion served but not filed with court for 21 days – safe harbor provision. Court can initiate sanctions without safe harbor (as necessary to deter egregious behavior)

   6. Monetary sanctions can include: expert fees, transfer fees, witness fees, etc.

Subject Matter Jurisdiction

Federal Question

1. Article III section 2 provides that federal courts may hear cases arising under federal law.

2. 28 USC 1331: The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

   1. Well-pleaded complaint rule (Mottley): For a case to arise under federal law, federal question should arise in the plaintiff's well-pleaded complaint. The federal issue should be the a necessary, substantial element in the original complaint, not merely marginal. (Substantial rule). It should also be in the original complaint rather than in an anticipated defense or a counterclaim.

      1. Rationale of Mottley:

         1. it serves as a sorting function, and permits the sorting to occur at the start of the lawsuit before the parties and court have invested much time.

         2. It promotes efficiency;

         3. jurisdictional issues should not rely on contingency;

         4. it promotes federalism and division of authority.

   2. Smith exception: even if federal law does not create the right to sue, the claim satisfies arising under jurisdiction if the P, in order to establish a state law claim, must prove a proposition of federal law (that is, the federal issue is embedded in a state claim).

   3. However, the need to resolve a federal question to decide a state law claim will not always support arising-under jurisdiction. The embedded federal issue must be substantial to support jurisdiction. Grable three part test: the state law claim (1) necessarily raises a federal issue; (2) actually disputed and substantial; (3) which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities.

3. Bound by determination: Parties who appear, challenge the subject matter jurisdiction of a federal court, and lose are bound by that determination; they may not thereafter challenge the judgment in a second action.

4. ...

Buy the full version of these notes or essay plans and more in our Civil Procedure (Duke Trina Jones) Outlines.