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Civil Procedure I
St. Johns University School of Law
Ward, Ettie

Civil Procedure Outline
I) Justiciability- Is this case able to be resolved in this court of law?
Without justiciabilty no binding decision can be issued. A case must have standing and be a case in controversy (Article 3 §2)
For a case to be justiciable it must have:
The right to bring an action before a court
1. Do you have a stake in the litigation? (You can’t sue a cop because you saw him beat someone up; the victim can sue not a witness)
2. Are you best situated to sue? Only the person hurt most directly can sue. Purpose is judicial efficiency. It limits the amount of people who can sue. [POWER] Justiciable Case in Controversy
Sometimes a case will present issues which are not yet ready for ajudication
Are the issues ripe?
Cannot sue prematurely
2. Validity
Is it truly a case in controversy? [Georgia High School] The reasons for declaring a dispute non justiciable may vary:
Courts won’t entertain Moot issues [Defunis Law School] No matter what the court says the outcome will not change
Would undermine the adversary system because litigators don’t have incentive to put best foot forward
Advisory Opinions
Courts will not give advisory opinions
Courts are not allowed to rule on a hypo
Political Issues
Courts will not entertain political issues [Cudahy Jr. Chamber of Commerce] Public debate should be a free forum where questions are up to the voters to decide the answer, not the judicial branch.
Friendly Suits
Courts will not entertain friendly suits
No real case or controversy between the parties
As a matter of public policy, courts will not decide wagers (gambling) [Cudahy Jr. Chamber of Commerce] II) Remedies
Compensatory Damages
Refund fees, repair, loss of earning power, pain and suffering
The remedy most people seek $$$
Specific performance
Forces the defendant to perform
Only where the subject matter is unique (real estate, painting)
Not for personal service (Can’t make Ang sing at my B-Day party)
Compensation for goods that are unlawfully seized
Want the goods back, not the money for them
Order from a court to do something or not do something
Court will only award injunction where money damages are inadequate
A legal action to remove individuals from property. Won’t get money damages.
III) Jurisdiction
– The power to speak the law
– Every case must have:
Subject Matter Jurisdiction
Personal Jurisdiction
– In personam
– In rem
– Quasi In rem
Federal Courts- limited subject matter jurisdiction. You must establish that Congress gave you the right to be in Federal Court. The right comes from Article 3 of the Constitution and statutes.
1) Subject Matter Jurisdiction
Does the court have the power to hear this kind of case?
Subject matter jurisdiction may not be conferred by consent
Objections to Subject matter jurisdiction can be raised at any time
Subject matter jurisdiction is not waivable
Any judgment rendered without Subject matter jurisdiction is VOID
Sometimes court may raise the issue
Must be demonstrated
Plaintiff must plead and prove
Ways to get into Federal Court:
1) Diversity of citizenship
28 USC 1332 mandates complete diversity [Strawbridge] Cannot create diversity by collusion or fraud
Diversity is determined at the time the complaint is filed
Requirements of Diversity are: citizenship and amount of controversy must exceed $75K:
a. Citizenship
Each Party must be:
– a citizen of a different state OR
– a citizen of a state and citizens / subjects of a foreign state OR
– a citizen of a different state and in which citizens / subjects of a foreign state are additional parties (even if the same foreign state)
Citizenship of Persons
– US Citizenship or admission to permanent residence in forum state – citizen or resident alien
– Domicile in forum state – Permanent place of abode, place you intend to return after an absence. Can only have one domicile. Do not lose old domicile until you get a new one. Can be proven by objective factors such as where you vote, driver’s license, address on federal tax return
Citizenship of Corporations
– artificial persons created by statute
– have many rights individual have
– Can have 2 places of citizenship, place of incorporation and principle place of business
b. The amount of controversy must exceed $75K
– Regardless of amount awarded
– Amount in complaint governs UNLESS it is clear to a legal certainty that the plaintiff cannot recover $75K
– If 2 or more claims same plaintiff, can aggregate to obtain $75K requirement
– Can’t aggregate multiple parties claims to obtain $75K requirement
2) Federal Question Jurisdiction
28 USC 1331
– Gives jurisdiction to federal courts over all civil claims arising under the federal constituti

1) Is federal claim substantial?
2) Is there a common nucleus of facts?
3) Dismissal of federal claim is not fatal to the state claim
4) Efficiencies and economies
5) Potential jury confusion
6) If state law is better determined in state ct., don’t try it in the federal court
If federal claim is dismissed for lack of SMJ then the state claim must be dismissed; But if federal claim is dismissed for some other reason then the state claim may be dismissed
Appellate ct. can only reverse if there is a clear abuse of discretion (not because they disagree)
B) Ancillary Jurisdiction
Federal ct has the right to hear all claims between a plaintiff and defendant at once
Plaintiff can not utilize ancillary jurisdiction if it would undermine diversity
If there is diversity jurisdiction for at least one claim between one plaintiff and one defendant, additional parties or additional claims may be joined to the core claim by ancillary jurisdiction
Impleader [Owen v. Kroger] , cross claims and counter claims are a part of ancillary jurisdiction
The Bulge Ruleà Rule 4 allows impleading parties into federal ct. if within 100 mile radius of the ct
C) Supplemental Jurisdiction
It replaced pendant and ancillary jurisdiction
Requirements of Supplemental Jurisdiction
1) Gives jurisdiction to every claim in a case that arises from the same “transaction or occurrence”, even issues of state law; the statute says for the same case or controversy
2) In diversity cases, there is no supplemental jurisdiction for claims by the plaintiff; this prevents plaintiffs from evading diversity jurisdiction by bringing in the defendant’s who meet the requirements first and then bringing in defendants who wouldn’t meet diversity requirements
3) In federal question cases, supplemental jurisdiction may be granted for state law claims that are closely related to the federal claims (common nucleus of operative