Civil Procedure Outline
Modern Dispute Resolution and Its Alternatives
a. Overview: The State and Federal Legal Systems
i. Two sets of courts
1. State Courts à State judicial systems typically include:
(1) A variety of courts of limited subject matter jurisdiction, authorized to hear specific types of cases, e.g., traffic, landlord-tenant, small claims or probate.
(2) A court of original and general jurisdiction that hears all claims not exclusively vested in courts of limited jurisdiction, such as state claims and nonexclusive federal question claims that also could have been brought in federal district courts. State courts of general jurisdiction often exist at the county level. Such courts vary in their designations, e.g., Superior Court in the District of Columbia, Circuit Court in Virginia, and Supreme Court in New York.
In some states courts of general jurisdiction also possess appellate jurisdiction over cases originally tried in courts of limited jurisdiction. Appellate review in such cases is de novo; little or no deference is paid the lower court decision because of restrictions on its jurisdiction and, in many cases, on its procedures.
(3) An intermediate appellate layer, generally available only in more populous states. In some jurisdictions, the decision of the intermediate appellate court is final for the most fact-bound and routine kinds of cases, such as domestic relations and non-capital criminal cases, subject perhaps to discretionary appeal for constitutional questions.
(4) A court of appellate jurisdiction, variously called the Supreme Court, the Court of Appeals, or, in Massachusetts, the Supreme Judicial Court. Where a state provides for an intermediate appellate court, the existence of such allows the highest state court to exercise considerable discretion in selecting cases for further review. Appeal from the intermediate appellate court to the highest court is predominantly by permission, with exceptions for a small number of important cases selected by the legislatures, such as administrative law cases involving governmental parties or capital criminal cases.
Finally, the United States Supreme Court has the authority to review state court rulings on the meaning and application of federal law, although in practice the Court seldom exercises this authority.
2. Federal Courts à
(1) Federal district courts are courts of original jurisdiction. District courts, like all federal courts, are also courts of limited subject matter jurisdiction, in that statutes authorize them to hear only certain kinds of cases, namely those based on federal questions or diversity of parties. Citizens from different states (“diversity” cases), cases between a US citizen and an alien (“alienage” cases) have the option to have the case tried in a state court. Though, federal judges are thought to be immune to the pressures of “local politics” and political pulls, since they hold their position for life. Its appellate jurisdiction over all other types of cases is largely discretionary.
The Federal District Courts dived the 50 states and DC into roughly 90 districts. Each state has it’s own district, with the larger states have upwards of four districts each. The number of districts and judges is decided by size and caseload. Cases dealing with federal questions have no $ cap, however diversity cases have to be in dispute for <$75K.
(2) Circuit Courts of Appeals are courts of appellate jurisdiction as they are authorized only to review decisions on appeal from district courts, certain specialized federal courts or federal administrative agencies. There are thirteen federal circuit courts; twelve for each one of the geographic circuits and one designated as the Federal Circuit (hears claims about patents, claims against the US and international trade), which hears appeals from various specialized federal courts. Appeals from many of the administrative agencies go to the Court of Appeals for the D.C. Circuit.
(3) United States Supreme Court has original jurisdiction over cases affecting ambassadors, and in which states are parties.
The Court’s rules list the following factors as relevant in granting certiorari:
inter-circuit conflicts
conflicts between the courts of appeals and state courts of last resort
interstate conflicts on federal questions
conflicts with Supreme Court decisions on federal questions
important and unsettled federal questions
Other federal rulings calling for the exercise of the Supreme Court’s power of supervision.
ii. A Plaintiff has the choice has where to bring suit. Either in state or federal court
b. State Judicial Systems
i. Each state has its own system of trial and appellate courts
ii. In most states there are several levels of trial courts
iii. Subject matter jurisdiction-the types of cases a court is allowed to hear
iv. One level of trial courts or “unified” can hear all types of civil matters
v. The 14th Amendment Due Process Clause
1. places some limitations on the procedures state courts may employ in handling civil cases
2. Beyond the 14th Amendment, each state is largely free to develop its own procedural rules for handling civil litigation
a. Include things like; paper size of pleadings, the need to number lines on a page; people who can be included in lawsuit; the ability to assert jurisdiction over those outside of the state; time the defendants have to respond to a complaint
c. Federal Judicial System
i. The ratification of the U.S. Constitution in 1788 brought into being the US government
ii. One branch is the federal judiciary
iii. Article III of the Constitution created the U.S. Supreme Court
iv. Judiciary Act of 1789 created lower federal trial courts and appellate courts
v. The federal judic
a response is filed within the allowed time, judgment will be entered against the defendant by default
iii. Any allegations not denied will usually be deemed admitted as true
iv. 2/3 defendants may ask to have case dismissed against them on the grounds that the court does not have jurisdiction
v. Discovery is a process that allows litigants in a civil case to seek relevant information from the other parties and from strangers to the suit
k. Joinder of Claims and Parties
i. These rules determine when multiple claims may be asserted against a single defendant, and when multiple plaintiffs or defendants may be made parties to the same lawsuit
ii. Another potential joinder issue concerns claims that defendants may wish to assert
l. Class Action
i. When many persons have essentially the same claim against a defendant, the would-be plaintiffs, rather than each filing their own separate lawsuit, may be able to join together in a “class action” where one or more of them sues on behalf of the other
ii. On the other hand, since the stakes in a class action are much higher that in an individual suit, a defendant who believes it unlikely that many individual suits would ever be filed may strenuously oppose plaintiffs to proceed on a class basis
m. Adjudication without Trial
i. Some cases are settled by the parties
ii. Others are dismissed for procedural reasons
1. lack of jurisdiction over defendant
2. lack of jurisdiction over subject matter
3. expiration of statute of limitations
iii. Summary judgment
iv. Entry of a default judgment
n. Trial
i. If a case is not settled, it will go to trial to be heard by a judge or jury
ii. 7th Amendment to the U.S. Constitution protects the right to jury trial in most civil actions, this applies only to suits in federal court
iii. Most states have similar guarantees
o. Appellate Review
i. The losing parties may appeal an adverse judgment of the trial court
ii. Time is usually quite short (30 days).
iii. If no appeal is filed then judgment becomes final
p. Binding Effect of a Judgment
i. A judgment becomes final once all parties have exhausted their appeals
ii. A judgment for the plaintiff can be enforced almost immediately upon entry by the trial court unless the defendant has the judgment stayed pending appeal
