Spring/2010
I. Background For Civil Procedure: The United States Government and American Courts
A. Where to file
i. Unless statute prohibits, any action that can be brought in fed crt can be brought in state crt
ii. Does not mean it will stay there
B. Judicial power: us constituion art 3, sec 1
1. Fed judges employed for life w/ a guaranteed raise q yr
C. Crts in Illinois
1. 3 district in illinois
2. DC crts: federal app crt cases
D. United states fed crts
1. Trial crts, app crts, supreme crts
2. Binding/persuasive crts based on your location
E. State judicial systems
1. Each state has a supreme crt…may go by diff names, highest crt differs based on state
2. Il state crt system
a. 1 sup crt, 5 app crts, 23 dist crts
3. If copyright or patent….must be brought in fed crt
F. Art 3, sec 2 of us const
1. Original jx-crt that can hear a case and come to a final order…state crts, trial crts, etc
a. Suing of an ambassador, public ministers/consuls , or when state is a party to a lawsuit (state vs. state cases)
b. Us supreme crt in this case is the trial crt or crt of last resort
2. Appellate jx-if parties are unhappy…they can appeal lower crt decision, us supreme crt
a. If something unconstitutional…can bring in us federal crts
b. If concerning federal statutes (laws) of U.S. …civil rights, disabilities, FTCA-fed torts claims, acts
i. Look for u.s.c ss…statutes
ii. Rules/regulations…eg: OSHA…cited w/ CFR
iii. Executive order…
iv. Treaties
v. Diversity jx
vi. Fed question subject matter jx
c. Congress can limit the crts appellate jx
G. Art 4, sec 1-full faith and credit clause
1. Cant keep re-litigating cases…cant bring cause of action in federal crt b/c u didn’t like state crt decision
2. Facts taken as true
H. Us const. 10th amend.
1. If const is silent and congress has not dealt w/ it or no executive order exists…state deals with issue
2. Can be limited by statutes…eg. Long arm
I. Us const amendment 14
1. Provides limitations on bringing people into crt b/c of due process clause
J. Us const art 1, sec 8
1. Congress has pwr to enact laws and set parameters in civ. Pro.
II. An Overview of Civil Procedure
A. The Idea and the Practice of Procedure
i. Locating Procedure
1. How to start a lawsuit
2. Discovery
3. Trial
4. Appeal
5. Improper conduct
ii. Clients, Lawyers, Procedure, and Strategy
1. General themes
a. Efficiency
b. How case is kept out of fed crt or out of crt alltogether
c. Strategy of a lawsuit
B. Where Can the Suit Be Brought?
i. Jurisdiction-power to declare the law or enforce an order
ii. Court has constitutional authority to bind and coerce a Δ to comply with the courts rulings.
iii. Elements that effect getting a case into federal crt:
1. Personal Jurisdiction
a. Specific Jx
b. General jx
c. Venue/Transfer-which Fed Crt can here the Case
d. Forum Non-convenient-when is case involves out of country defs and may be brought in counrty, but necessarily should not be.
2. Subject Matter Jurisdiction
a. Federal Question Jx
b. Diversity Jx
c. Supplemental Jx
d. Removal/Remand
i. Removal-take from state to fed crt and vice versa
ii. Remand-case is brought back to state crt from fed crt…initially case was in stae crt and removed to federal crt.
3. Venue-locale
4. Service of Process-summons, process to get someone into crt
5. Erie Doctrine
i. What law to apply in diversity cases
ii. Fed crt may be deciding state based causes of action
1. Substantive-state law
2. Procedural-federal law
6. Joinder
i. Parties
ii. Causes of action
iii. Impleader
iv. Interpleader
III. Constitutional Framework for U.S. Litigation
A. Approaching Civil Procedure
1. State Courts
i. Court of General Jurisdiction — Can hear any case unless prohibited by some legal authority
ii. state courts usually have subject matter jurisdiction over any cases (general jurisdiction) exc
enerally, federal courts have jurisdiction only when the claim arises under a federal law that provides remedies
4. non-federal claims that turn on construction of federal law, if the ∏’s right to recover depends on the substantial question of federal law
i. depends on whether there is a private right to recovery
1. statute enacted for class ∏ is in
2. indication to create or deny remedy
3. consistent with underlying purposes of statute
4. traditionally relegated to state law
5. meaning of “arising under” is based on the well-pleaded complaint rule
i. Well- Pleaded Complaint Rule:Suit arises under Federal Question only when the (P)’s statement of his own cause of action shows that it is based upon those laws or that Constitution. (ex. there was no diversity of citizenship in this case)
1. Crt looks to what P alleges
a. Whats the c/a
b. Whats the prayer for relief
No waiver, no time limit to contest…except…it can be contested at any time throughout
