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CIVIL PROCEDURE Fall 2000 SECTIONS A & G: CLASS 6

CIVIL PROCEDURE Fall 2000 SECTIONS A & G: CLASS 6. Columbus School of Law The Catholic University of America Professor Fischer September 9, 2002. WRAP-UP OF FRIDAY’S CLASS. Introduction of the case of Carpenter v. Dee

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CIVIL PROCEDURE Fall 2000 SECTIONS A & G: CLASS 6

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  1. CIVIL PROCEDURE Fall 2000SECTIONS A & G: CLASS 6 Columbus School of Law The Catholic University of America Professor Fischer September 9, 2002

  2. WRAP-UP OF FRIDAY’S CLASS • Introduction of the case of Carpenter v. Dee • Simulation of initial strategy session in Carpenter v. Dee to learn how civil litigators brainstorm causes of action, parties and available remedies before choosing to represent a client.

  3. WHAT WILL WE LEARN TODAY? • Introduction to pleading: the complaint

  4. COMMENCING A CIVIL ACTION • How is a civil action commenced? • What is the relevant rule that tells us the answer to this question?

  5. COMMENCING A CIVIL ACTION • How is a civil action commenced? By filing a complaint with the court • What is the relevant rule that tells us the answer to this question? FRCP Rule 3 • How do you file? • Why does the date of a civil action matter? Note it is measured from filing not service • How do you file?

  6. What’s a Pleading? • See Rule 7

  7. Pleadings in federal court • ALWAYS Complaint, • MAYBE answer, reply to counterclaim, answer to cross-claim, third-party complaint, third-part answer • IF COURT ORDERS reply to answer or third-party answer • A MOTION IS NOT A PLEADING!!

  8. PLEADING: THE COMPLAINT • Conley v. Gibson, 355 U.S. 41 (1957) • Who are the parties? Describe the nature of their substantive law dispute • What procedural stage has this action reached at the time of the Supreme Court opinion? • What are the legal arguments made by respondents?

  9. Respondents’ Arguments • Jurisdiction • Indispensable Party (railroad) • 12(b)(6): failure to state a claim

  10. CONLEY V. GIBSON:TWO PROCEDURAL RIDDLES • Why does the Texas federal district court have subject matter jurisdiction? • Why doesn’t the final judgment rule apply to bar appeal of the district court’s grant of the motion to dismiss?

  11. CONLEY V. GIBSONTHE HOLDING • What is the holding of the Supreme Court? • In your opinion, how do policy issues affect the Supreme Court’s decision in this case? • What is the effect of the Supreme Court decision?

  12. IMPORTANT CONCEPT: “NOTICE PLEADING” • FRCP Rule 8(a) (statement of claim) • Why doesn’t Rule 8(a) use the words “facts” or “causes of action”? • How specifically must the plaintiff plead her claim? • FRCP Rule 8(e) (alternative claims) • FRCP Rule 8(f) (construction of pleadings)

  13. REASONS FOR PLEADING • Give notice to D to prepare a defence • Siphon out totally frivolous actions • Narrow dispute • Guide discovery and later, summary judgment • Encourage settlement • Focus the issues in dispute for consideration by a judge or jury to facilitate a proper decision on the merits

  14. DRAFTING A COMPLAINT • How passionate or dramatic should a complaint be? • See revised complaint in Kendrick v. Moss • Is Professor Eastman correct when he states “it sure beats notice pleading”? Why or why not? • Who is the audience for a complaint? • Compare Eastman’s Kendrick Complaint with Complaint in in Carpenter v. Dee

  15. SUMMARY: WHAT YOU SHOULD HAVE LEARNED TODAY • You should understand the purposes of pleading • You should understand the concept of notice pleading and be familiar with the requirements of FRCP 8(a), (e) , and (f). • You should also be familiar with FRCP Rule 3 and 7

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