Civil Procedure I Outline

Civil Procedure Outline:
-Values:
            1) Fairness/Justice
-The system should not only reach the “right” result most of the time, but it should appear fair to the litigants
a) Rule 11 (Tells them they might not have a claim)
b) Rule 8 (Allows anyone to make a claim, even those who cannot afford a lawyer)
c) Minimum Contacts Test (Introduced Fairness aspect to Personal Jurisdiction)
            -State’s Sovereignty cannot trump and individual’s Constitutional rights (DP)
d) Notice (Allowing a party an opportunity to be heard/Constitutional Right)
e) Venue (Not allowing state bias for Plaintiff)
f) Subject Matter Jurisdiction (Well Pleaded Complaint Rule, no allegations against you)
g) Diversity Jurisdiction (Takes away possible State court bias)
h) Removal (Takes away possible State court bias)
i) Supplemental Jurisdiction (Court must have independent jurisdictional basis)
i) Per Curiam Opinion (Not really fair too fast no published opinion)
j) Amendments (Must put Defendant on Notice and Timing not too late)
            2) Efficiency
-Extent that the system can minimize the time that courts, the parties, and especially their attorneys must spend in litigation process, helps reduce the costs of litigation
a) Rule 11 (Cuts down on frivolous lawsuits)
b) Rule 8 (Short & Plain statement)
            -Not efficient, because courts spend a lot time weeding out frivolous suits
c) Venue (Transfer/Forum Non Convienens)
d) Subject Matter Jurisdiction (Well Pleaded Complaint, not waste court’s time)
e) Rule 12(b) (Allows dismissal of groundless claims at early/any stage)
f) Aggregating Claims (Try claims together then separate)
g) Joinder (Pile in as many claims as possible)
h) Supplemental Jurisdiction (Trying related claims together then separate)
i) Per Curiam Opinion (Time efficient)
j) Amendments (Getting to Merits of case not deciding case on Formalities)
            -Fairness vs. Efficiency
-Clash to the extent that procedural rules hurry the litigation process, they can result in mistakes, which run counter to the goals of fairness. Similarly there are limits to the notion that a party is entitled to a court. If a claim or defense is completely groundless, it wastes the court’s time. Thus the procedure system allows for summary resolution of groundless claims and defenses at several stages
-Federal Courts – Courts of Limited Jurisdiction (Concurrent – State/Federal issues)
-State Courts – Courts of General Jurisdiction (Concurrent – State/Federal issues)
-Does the court have power to render a decision (Jurisdiction) over the parties? Must Have:
            1) Personal Jurisdiction
            2) Subject Matter Jurisdiction
            3) Venue
-Article 3 – Limits the power given to Federal Courts
-Article 4 – Every court decision rendered shall be given Full Faith and Credit by other courts
-14th (State)/5th (Federal Government) Amendment – Afford protections to a person’s Due Process rights (legal rights that are owed to an individual)
 
I. Personal Jurisdiction
-Where to file the action, geographically
-Does the state have power over the parties?
-Constitutional Requirement (14th/5th Amendment)/(Article 4)
-Whether it’s in federal court or state court same test
-Pennoyer v. Neff
            -Constitutional Fraud (policy driving the case)
-People would not show up for case, because they were unaware and have a default judgment entered against them
-Under the Full, Faith, and Credit Clause other States were forced to enforce the default judgment
            -First case to treat personal jurisdiction as a Constitutional issue
1) Every State possesses exclusive jurisdiction and sovereignty over persons and property within its territory
2) No State can exercise direct jurisdiction and authority over persons and property without its territory-Limits on Personal jurisdiction
a) Could assert in personam jurisdiction over any person within its borders at the time the suit commenced
b) Could assert in rem jurisdiction over any property found within its borders at the time the suit commenced
-Power (jurisdiction) comes through presence (property or person) in the forum state
            -Power comes from presence within the state’s borders
-State had jurisdiction over a person who were merely passing through a state provided the person was served while within the borders
-Court could hear any claim regardless of whether it was related to the reason the person or her property was present in the state
            -Notice
                        -In Personam
                                    -Had to be served while in the state
                        -In Rem
                                    -Property had to be seized at the outset of the lawsuit
            -Consent
-If a person appointed an in-state agent for service of process, service on the agent was effective to create jurisdiction over the person  
-International Shoe Co. v. Washington
-Although Corporation not physically present in the state jurisdiction was Constitutional, because the corporation had sufficient minimum contacts and the claim arose out of those contacts
-Jurisdiction over a defendant was proper when, “Certain Minimum Contacts with the forum state such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’”
            -Created Idea of
-Quality & Nature of Contact?
-Burdensome/Inconvenient?
-Does the lawsuit arise out of the contact?
            -Specific Jurisdiction
                        -Isolated Contacts that are related to the claim
                        -Car Accident Example
            -No Jurisdiction
                        -Casual & Isolated Contacts unrelated to the claim
            -General Jurisdiction
                        -Contacts that are Systematic & Continuous, but unrelated to claim
                        -State of Incorporation (corporations)/State of residence (individuals)
-Power (Jurisdiction) comes from the state (Statutes)
-States following IS began creating Long Arm Statutes to give states power over non-resident defendants, but they must