Civil Procedure – Wolff
(Fall 2007)
I. Overview of Procedure
A. Where Can Suit Be Brought?
1. Subject Matter Jurisdiction – can the court hear a particular type of dispute (i.e. the claim in the case)
a) General Jurisdiction – can hear any kind of claim between any persons unless there is a legal authority saying they cannot.
b) Limited Jurisdictions (all Federal Courts) – can hear only cases that are specifically authorized by the statutes that set up the court (ex. Small claims court and family court)
c) Federal Court can only hear if it deals with:
(1) Federal Question (28 U.S.C. 1332): nature of P’s complaint must “arise under” Constitution, laws, and/or treatises of the U.S.
(2) Diversity of Citizenship
(a) Residence plus intent to domicile in a state are sufficient for citizenship
(b) Domicile (at time of complaint)
(i) Current dwelling place and
(ii) Subjective intent to remain for an indefinite period of time
(c) Hawkins v. Masters Farms, Inc. – court held that P was citizen of MO, not KS because he was moving to KS and had intent to domicile there.
(i) Rule 12(b)(1) – motion to dismiss for lack of subject matter jurisdiction
(3) Why Remove to Federal Court?
(a) Speedier docket
(b) Wider range of jury selection (more rural areas)
(c) 6 jurors in Fed, while State has 12
(d) Opposing council may be less familiar Fed. Court rules and procedures.
(e) P might have poor relationship with State Court Judge.
2. Personal Jurisdiction – the power of a Court to render a judgment against a particular defendant.
a) Requires service of process on such defendant, even if defendant is served outside of that state’s borders.
3. Venue – geographically appropriate court that has both subject matter and personal jurisdiction
a) Three Levels of Federal Courts
(1) District Courts – where action commenced
(2) Court of Appeals (Circuit Courts) – hear appeals from the district courts
(3) Supreme Court of the U.S.
b) Case may be brought where specified in 28 U.S.C. 1391
4. Service of Process
a) Begins with P’s lawyer drafting a complaint and filing with the court (Rule 3).
b) 2 methods for delivering to D:
(1) waiver = inexpensive and less formal, delivered by mail then signed and returned by D.
(2) summons = expensive and more formal, must be delivered or served in accordance with Rule 4 (personal service, substituted service by registered mail, or constructive serviced in newspaper)
B. Stating the Case
1. Lawyer’s Responsibility
a) Rule 11 – certification of lawyer by signing and the sanctions that accompany breaking the rules
b) Bridges v. Deisel
whom to join as co-plaintiff and co-defendant.
(2) Permissive Joinder is governed by Rule 20
(3) Bridgeport Music v. 11C Music – 770 defendants were not properly joined according to Rule 20(a) – defendants may be joined if action arises out of the same transaction, series of transactions, or occurrences.
(a) P wanted to clump each of the small counts together to seem like more of a big deal.
b) Compulsory Joinder – involves bringing the party into the lawsuit by order of the court even though the opposing party might not want him brought in.
2. Intervention – occurs when a party not in the suit, and neither the D nor P seeks to bring him into the suit, want to join.
a) A party has the right to intervene when a lawsuit conducted without him has the potential to inflict real hardship on him.
b) Rule 24: Divides intervention into two categories:
(1) Intervention as of right
(2) Permissive intervention
3. Class Action – when multiple P’s and/or D’s exist, some of the parties are allowed to stand in for the entire group.
a) Rule 23
