CIVIL PROCEDURE OUTLINE
I. Introduction and the Value of Procedure
A. Federal Circuits are divided into Federal Districts.
B. Many courts in our system overlap geographically.
C. This class is about:
1. Introduction to Federal Rules
2. Stages of a Civil Lawsuit
4. Venue Rules
5. The law to be applied in Federal Courts (Erie)
6. The effects of prior judgments
II. Prejudgment Seizure Cases – How do American lawyers tend to think about what
judicial behavior is fair? What’s the Supreme Court’s doctrine on prejudgment
seizure and how it was developed from Fuentes to Doehr?
A. Band’s Refuse v. Borough of Fair Lawn – refuse collection contracts; judge is managing; trial by ambush.
A judge may not assume the role of advocate in a trial over which he presides.
1. Fuller’s criteria on page 13 does not match judge’s behavior in this case.
2. Federal rules about discovery are very clear regarding witnesses etc.
3. In reality, judges are always “managing” as it’s their courtroom, but they usually don’t do it as obviously as in this situation.
B. What are federal civil procedures?
1. A type of approach to dispute resolution.
2. A subfield of constitutional law, jurisdiction, federalism.
3. A system for dividing power.
a. state v. federal
b. judge v. lawyers
4. A system of case management.
a. the federal courts are an institution with work to be done
C. Fuentes v. Shevin – Fuentes bought goods which were repossessed
Procedural due process requires that parties who’s rights are to be effected are
entitled to be heard at a meaningful time, and in order that they may enjoy that
right, they must be notified.
D. Mitchell v. Grant
lication against nonresidents is ineffective to confer jurisdiction on the court.
1. In Personam
2. Quasi In Rem
3. In The Nature of Rem – property is related to dispute
4. In Rem – property is focus of dispute
5. Due Process Clause – How does a court get jurisdiction?
a. Service of process within the state or voluntary appearance
b. Doesn’t control this case.
6. Case is about states’ rights, power, and the relationships between states.
States can’t regulate people who are in other states.
7. States have no power with in personam cases if person is “out-of-