Select Page

Civil Procedure I
University of Dayton School of Law
Shaw, Lori E.

CIVIL PROCEDURE OUTLINE
 
         I.            BRIEF OVERVIEW OF CIVIL PROCEDURE
A.      where can a suit be brought – Jurisdiction: the power to hear and determine a case; where a suit can be brought
1.       Subject matter jurisdiction – the competency of the court to hear and determine a particular category of cases.
1.       Personal jurisdiction – the state court or federal court in that state must have the power to render a judgement against a particular defendant; persons who engage in certain types of activities in a state are subject to jurisdiction from claim s arising from these activities
a.        General jurisdiction – can hear any kind of claim between any persons, unless there is legal authority saying that can’t
b.        Limited jurisdiction – limited to specified types of cases as set forth by statute.
c.        Diversity jurisdiction – jurisdiction brought about by the fact that opposing parties come from different states, or between a citizen of a state and an alien, subject to a jurisdictional amount > a given sum.
d.        Concurrent jurisdiction – that jurisdiction exercised by different courts at the same time over the same subject matter and within the same territory, and wherein litigants may, in the first instance, resort to either court indifferently
1.       Venue – the possible or proper place for the trial of a suit, as among several places where jurisdiction could be established; the right of the party sued to have the action brought and heard in a particular judicial district. Relates to the p roper district in which to bring the action.
a.        a question of convenience and can be conferred by agreement
1.        a judicial district where any defendant resides; if all defendants reside in the same state
2.        a judicial district in which a substantial part of the events of omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated
3.        if there is no district anywhere in the US which satisfies 1) and 2):
a.        for actions based solely on diversity, a judicial district in which and D is subject to personal jurisdiction at the time the action is commenced
b.        for actions not based solely on diversity, a judicial district in which any defendant may be found.
a.        Improper venue may be waived by the parties unless timely objection is made to the improper venue
1.       Service of Process
a.        Who may serve
1.        Rule 4 – any person not a party to the action who is at least 18 years old
a.        How service is made – per

ef is necessary.
1.       The Response – answers and motions
a.        reasons having nothing to do with the claim itself why the action should not proceed
b.        demurrer – everything in the complaint is true, but under the substantive law, the plaintiff has no right to relief
c.        defendant may want a more definite statement of the complaint
d.        affirmative defenses – defendant may want to assert additional matters that will wholly or partially defeat plaintiffs claim
e.        defendant may deny the truth of one or more allegations of the complaint
f.         counter-claim
a.        compulsory – one that arises out of the same “transaction or occurrence” as plaintiffs claim
b.        permissive – one that does not arise out of the same transaction
a.       cross-claim – plaintiff sues several defendants.
b.       third-party claims – asserting of a claim against a party on the same side of the “v”
1.       Amendment of Pleadings
a.        Rule 15 – changes to the pleadings
 
parties to the lawsuit