CIVIL PROCEDURE-McLAUGHLIN- Fall 2012
JUSTICIABILITY
2 part test:
· Are the proper litigants bringing the issue to trial?
· Are the litigants bringing the proper issue to trial?
If both elements are satisfied (proper litigants + proper issue), then there is a justiciable issue
· CL- Cudahy v. Quirk (participants in a wager may not use the court to settle gambling dispute on an otherwise appropriate judiciable issue)(; Waddell v. Georgia (Courts cannot decide decisions of football referees b/c decisions do not present judicial controversies)
EVOLUTION OF THE COMMON LAW SYSTEM
Law courts: Three (3): King’s Bench (cont. w/ King); Exchequer (King’s debts) and Court of Common Pleas (civil disputes btw subjects)
· Initiated by writ/declaration- Handled “legal” actions and “legal” claims and dispensed “legal” relief
· Required the P to sue under the proper form of action (nine (9) including replevin and ejection (only one that started as a real action))
· Parties maintained the right to a jury trial
o The party who wants a jury trial must formally demand it
o Failure to demand a jury trial results in a waiver of the right
· Contempt power of the court unavailable to enforce collection of judgments granting legal relief
o Judgment granting legal relief operate only against the property of the D, not the person
o The plaintiff may levy or execute against the defendant’s real or personal property
· Principal form of legal relief is compensatory money damages but NOT the only form of relief
· Nine “Common Law” Forms of Action:
o Replevin- a suit for the return of goods wrongfully detained by another. In New Jersey, our court rules still provide for the issuance of a “Writ of Replevin.” (N.J. Court Rule.4:61-1)
o Detinue- a suit for damages for wrongfully detained goods
o Debt- a suit for a fixed sum of money due for any reason.
o Account- a suit for damages and the auditing of an account.
o Covenant- a suit for damages for a breach of contract which was executed under “seal.”
o Assumpsit- a suit for damages for a breach of contract which was not executed under “seal.”
o Trespass- a suit for damages for direct intentional injury to person, land or chattel — the modern day law of Torts derives from Trespass and Trespass on the Case.
§ Ejectment- a suit to settle title to land and for the recovery of possession of land. Ejectment began as a real action but eventually became a special form of Trespass
o Trespass on the Case- a suit for damages for certain non-physical torts, such as deceit and libel and slander, and also for injury caused by neg, as opposed to international action
o Trover- a suit for damages for the loss of property and its conversion by another
Equity courts: One (1): Court of Chancery/Equity
· Initiated by bill- handled “equitable” actions and “equitable” claims and dispensed “equitable” relief
· Principal equity actions were those seeking injunctions or specific performance
· No right to a jury trial
· Contempt power of the court was available to enforce judgments granting equitable relief
o Decree granting equitable relief operate against the person of the D and renders themselves personally punishable for contempt if they fail to comply with the equitable judgment
o May include fines, imprisonment, or both
· Equitable relief only granted if legal relief (i.e. money damages) is inadequate
Merger:
· Law and equity courts have been merged into one court system
· HOWEVER, the system maintains separate principles of law and equity jurisprudence
· The distinction between legal and equitable claims influence the availability of rights and remedies today
o Whether the contempt power of the court will be available to enforce a judgment
o Whether a jury trial will be available for a particular claim
o Whether legally relief is sufficiently inadequate to justify the granting of equitable relief
NEW JERSEY COURT
j on any basis not inconsistent with the Cons”
o Two inquiries collapsed into one: If the court has the cons power to assert j, it automatically has the stat power to do so as well
o Self-adjusting- if the courts reinterpret the DP clause to allow J in other circums., these statutes automatically authorize courts to exercise J
o California
· Long-arm- authorizes courts to exercise J based on certain types of contact w/ FS were Cons sufficient bases for exercising PJ over residents
o Provides some guidance to nonresidents about J consequences of their choice to conduct particular activities in the state
o 1.03- Uniform Interstate and International Procedure Act
(a) A court may exercise PJ over a person, who acts directly or by an agent, as to a [C of A] [Claim for Relief] arising from the person’s
(1) Transacting any business in this state
(2) Contracting to supply services or things in this state
(3) Causing tortious injury by act or omission in this state
(4) Causing tortious injury in this state by act or omission outside this state if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered
(5) Having an interest in, using, or possessing real property in this state; or
(6) Contracting to insure any person, property, or risk located within this state at the time of contracting
(b) When J over a person is based solely upon this section, only a [C of A] [Claim for Relief] arising from acts enumerated in this section may be asserted against him
