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CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION

CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION. Columbus School of Law The Catholic University of America Professor Fischer. WRAP-UP OF CLASS 2 of August 27 2003.

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CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION

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  1. CIVIL PROCEDUREFALL 2003 CLASS 3 (8/29/03)STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION Columbus School of Law The Catholic University of America Professor Fischer

  2. WRAP-UP OF CLASS 2 of August 27 2003 • Important concepts: Difference between civil/criminal cases, difference between procedure/substantive law, parties, remedies, joinder • U.S. court system: state and federal courts • Tips for studying law

  3. STAGES/ESSENTIAL CONCEPTS OF A CIVIL ACTION We’ll look at essential procedural concepts and mechanisms for 3 broad stages of a civil action in federal district court. I. PRE-TRIAL II. TRIAL III. POST-TRIAL

  4. I. PRE-TRIAL PROCEDURE 1. CAUSE OF ACTION 2. JOINDER OF CLAIMS 3. JOINDER OF PARTIES 4. JURISDICTION 5. VENUE 6. PLEADING 7. DISCOVERY 8. PRE-TRIAL ADJUDICATION

  5. 1. THE CAUSE OF ACTION • COGNIZABILITY • CAUSE OF ACTION • ELEMENTS OF A CAUSE OF ACTION

  6. COGNIZABILITY HYPOTHETICAL: Sidra despises the color burgundy. Her neighbor, Howard, drives a burgundy BMW. Sidra wants to sue Howard to force him to drive a different colored car. DOES SIDRA HAVE A LEGALLY COGNIZABLE CLAIM AGAINST HOWARD?

  7. ELEMENTS OF THE CAUSE OF ACTION E.G. ELEMENTS OF THE TORT OF BATTERY: 1. Intentional and 2. Unwanted Touching To obtain a remedy in a civil action for battery, Andrew must prove ALL of these elements by a preponderance of the evidence

  8. 2. JOINDER OF CLAIMS • FRCP 18 for rules on joinder of claims - A can bring as many claims as he has against G even if the claims are unrelated!

  9. 3. JOINDER OF PARTIES • See FRCP 20 for rules on PERMISSIVE JOINDER: “same transaction or occurrence test” • See FRCP 19 for rules on JOINDER OF NECESSARY PARTIES • More complex joinder rules: FRCP 22 (INTERPLEADER), 23 (CLASS ACTIONS), 24 (INTERVENTION)

  10. 4. JURISDICTION • The court must have both: A. PERSONAL JURISDICTION and • SUBJECT MATTER JURISDICTION

  11. A. PERSONAL JURISDICTION • The U.S. Constitution permits a state’s courts to exercise personal jurisdiction over a D if: • D has such MINIMUM CONTACTS with the state that it would comport with due process to require D to defend a lawsuit in that state AND • The state legislature has not enacted any additional limits to personal jurisdiction under LONG-ARM STATUTES. • Remember: there may be more than one court that can lawfully exercise personal jurisdiction over a given Defendant

  12. B. SUBJECT MATTER JURISDICTION OF FEDERAL COURTS IS LIMITED • Article III of the U.S. Constitution requires Congress to limit the jurisdiction of federal courts • Congress has enacted statutes granting limited subject matter jurisdiction to federal courts (e.g. 28 U.S.C. §§ 1331 (federal question), 1332 (diversity))

  13. 5. VENUE • Even if there is personal jurisdiction, there is a further question: where within a state can a case be brought? • Congress has enacted federal venue legislation • There are also statutory venue rules for civil actions in state court

  14. 6. PLEADING • How do the parties frame their cases? A. Complaint B. Answer C. Counterclaim D. Third Party Claim (Impleader) E. Cross-Claim

  15. 7. DISCOVERY • What information can one party obtain from another party to the litigation? • E.g. INTERROGATORIES (see CB 1079),DEPOSITIONS (see CB 1083), REQUESTS TO INSPECT/COPY DOCUMENTS (see CB 1077) • See FRCP 26-37 • Importance of district court rules and individual judges rules

  16. 8. PRE-TRIAL ADJUDICATION • Not all actions go to trial! • Contrast with settlement • MOTION to DISMISS Complaint (FRCP 12(b)) • MOTION for SUMMARY JUDGMENT (FRCP 56)

  17. II. TRIAL 1. RULES FOR CONDUCT OF TRIAL 2. ADJUDICATION BEFORE THE END OF TRIAL 3. BURDEN OF PERSUASION

  18. III. POST-TRIAL 1. ENFORCEMENT OF JUDGMENT 2. POST-TRIAL MOTIONS AFFECTING JUDGMENT 3. APPEALS 4. BINDING EFFECT OF JUDGMENT

  19. SUMMARY • Today’s class was an overview of the stages and essential concepts of a civil action I. PRE-TRIAL II. AT TRIAL and III. POST TRIAL. • Not every action will reach every stage or involve every concept discussed today • We will flesh out these concepts and procedural mechanisms later in the course so don’t worry if you’re a little confused at this point. Everything will come together as we proceed!

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