Outline of Unit 1: (Overview of Procedure)
(1) Where Can Suit be Brought?
(a) Subject Matter Jurisdiction
(Authority of court to hear class of disputes)
· General Jurisdiction
· Limited Jurisdiction
o All Federal Courts
§ Federal question jurisdiction – “arising under” the Constitution, laws, or treaties (28 USC §1331)
§ Diversity jurisdiction (28 USC §1332(a)(1))
Hawkins v. Master Farms, Inc. 2003 WL 21555767 (D.Kan 2003) [p6]
Lack of Subject Matter Jurisdiction – Rule 12(b)(1)
“Citizen” in state which “domiciled”
(b) Personal Jurisdiction
· Court must have power to render a judgment against Δ
· Individuals by residence, citizenship and domicile.
· Corporations by the state of incorporation or where the corporation conducts its principal operations.
(c) Venue
· Place of Trial (District Court)
(2) Stating the Case
(a) Additional Claims
(i) Counterclaims (Rule 13 (a) and (b))
· Claim against pleader arising out of transaction or occurrence that is subject matter of opposing party’s claim and does not require presence of third parties of whom court can’t acquire adjudication
(ii) Cross-Claims (Rule 13(g))
· Claim against co-parties arising out of transaction or occurrence that is subject matter of original action or counterclaim
(iii) Third-Party Claims (Rule 14)
· Assert a claim against party not in action (implead another party)
(3) Parties to a lawsuit (Rules 19, 20, 23, 24 and Bridgeport Music)
(a) Joinder of Parties
(i) Permissive Joinder (Rule 20)
(ii) Compulsory Joinder (Rule 19)
(b) Intervention (Rule 24)
(c) Class Actions (Rule 23)
(4) Discovery
(a) Scope of discovery (Rule 26)
(b) Methods of discovery
(i) Initial Disclosures (Rule 26(a)(1))
(ii) Document Requests (Rules 34 and 45)
(iii) Oral Depositions (Rule 30)
(iv) Written Interrogatories (Rule 33)
(v) Physical and mental examinations (Rule 35)
(5) Summary Judgment (Rule 56)
(6) Trial
(a) Motion for Judgment as a Matter of Law (Rule 50)
(b) Motion for a New Trial (Rule 59)
(7) Former Adjudication
(a) Claim Preclusion (Res judicata)
§ Claim must be same in both first and second action
(b) Issue Preclusion (Collateral estoppel)
§ Issue was determined in first litigation
(8) Appeals
· 28 U.S.C. § 1291 – Court of Appeals has jurisdiction of appeals from all final decisions of the district courts
· 28 U.S.C. § 1292 – Court of Appeals has jurisdiction of appeals from Interlocutory orders
Outline of Unit 2: (Incentives to Litigate)
(1) Compensatory Damages
(a) Purpose to compensate for plaintiff’s loss
(b) Types of compensatory damages:
(i) Economic damages (e.g., medical expenses, lost wages)
(ii) Non-economic damages (e.g., pain and suffering)
(2) Liquidated and Statutory Damages
(a) Liquidated Damages (set by contract)
§ May not agree to liquidated damages unless actual damages would be difficult to calculate
(b) Statutor
iam Inglis & Sons
§ (1) Π will suffer irreparable injury if injunctive relief is not granted, (2) Π will probably prevail on the merits, (3) Δ not harmed more than Π helped, and (4) granting is in public interest
§ Alternative Test: (1) there is a “fair chance” of success on the merits, (2) harm to P is sufficiently serious
(c) Temporary Restraining Orders (Rule 65(b))
· Granted without written or oral notice to adverse party (ex parte) if:
o Clearly appears from facts shown by affidavit that immediate and irreparable injury loss or damage will result before the adverse party or attorney can be heard in opposition,
o AND the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required
· Expire by its terms within such time after entry, not to exceed 10 days
(d) Due process requirements for provisional relief (Fuentes v. Shevin)
Fuentes v. Shevin : a writ of replevin orders a state agent to seize a person’s possession upon ex parte application of antoerh.
– goods can be seized before a final judgment if they are seized after a fair hearing on the issue
– 14th amendment provides that no state shall deprive any peron of property without due process.
Fundamental Requirement:
