Civil Procedure

Topics: United States Senate, Civil procedure, United States Pages: 19 (7524 words) Published: June 30, 2009
Civil Procedure Outline
First semester
PERSONAL JURISDICTION – called BASIS and falls under 14th amendment min contacts analysis. Does not mean territoriality is replaced. -Types of jdx:
oGeneral jdx: a ct can hear any kind of case unless the Legislature says that they cannot. An example is the CA Superior Ct. oLimited jdx: A ct cannot hear every type of case, only certain cases, usually those cases under Article III. An example is Federal District Ct. -Diversity Federal Jdx: A federal ct can hear cases between states and/or people against other states. For federal jdx, we need complete diversity – the P is in a different state then any of the Ds. Cannot have a D and P in the same state because that would not be complete diversity. This rule depends on federal rule 1332c, and there some situations where you do not need complete diversity and the feds allow a P to sue in their courts. But usually need complete diversity to file in federal ct. -Pendent jdx: if you get into a federal ct based on a federal claim, the ct can hear the other claims as well. This is based on Title 28 USC Statute 1367. oIf you bring a claim into federal ct, the fed ct will apply federal law to the federal issue and state law to the state issues. In the HYPO of Chuck, the accident occurred in Wisconsin, and Illinois ct will apply the law of the state where the accident occurred which is Wisconsin, so the federal ct will also have to apply the Wisconsin law. Illinois is the initial ct which is why the feds look to Ill. If a change of venue occurred so to NY, then the NY ct would also have to apply whatever law the Ill ct would apply based on section 1404. oThe ERIE doctrine states that the federal judge must apply the same law that the state judge would apply. oA motion in limine: decide which law applies. Lawyer will try to argue which law should apply. -Pleading and Discovery:

oP files a complaint and D responds
oLimits to time to respond: in Fed ct – 30 days, state ct 20 days oWays to respond: file an answer, or motion to demurrer (failure to state a claim – in fed rule 12b6) oMotion to dismiss – rule 12b: this is an inappropriate ct so dismiss the case. oSOL could be expired which could be another response.

oRule 56 – there is no general fact or claims here. Summary judgment. Nothing as a matter of fact that P can prove. -Discovery:
oEach side can get material from each other. Purpose is to give so much information that it will lead to settlement. This is expensive and burdensome. -Joinder of claims and parties:
oToday it is liberal – sue multiple D as long as the injury occurs out of the same transactions or a series of transactions or occurrences. This makes cases more efficient. oMotion of disjoinder: the lawyer was wrong to join us or the evidence is really different (rule 21), so either separate us or drop us from the suit. oRule 20: this is the same transaction or occurrence test or a series of transactions (Joinder rule). oRule 13a: compulsory – if a claim is related to the suit then it must be brought in oRule 13b – any other claims can be brought in without a jdx problem. oRule 13g – allows cross claims to brought in.

oRule 14 – allows someone who is not yet in the case to be brought in. Rule 4 (bulge rule) allows another D to be brought into a suit if within 100 miles of a federal ct, if the ct has been determined to have jdx over the case. oCompliant can be amended under Rule 15

oRule 24 – allows outside parties to intervene in a lawsuit. -Adjudication without a trial:
oSummary judgment: Rule 56 – P will not be able to prove. After discovery, there is no evidence to support your claim so dismiss the case as a matter of law. Very powerful tool. oDemurrer: accepting the P facts, but there is no COA. There is no legal remedy for the claim. -Trial:

oVery few cases go to trial, only 2%.
-Appellate Review:
oFederal ct will only review when the case is over, final orders or...
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