Civil Procedure I Outline

THE LEGAL SYSTEM

Types of Law

substantive

i. rules that regulate everyday relationships with others

procedural

i. rules that regulate how to proceed through a law suit

some are both

i. ex.-statute of limitations

Systems of law

Adversarial

i. civil lawsuits
1. non-criminal
2. usually one private party against another
3. government can be involved in a civil suit
ii. responsibility is placed on the parties to the controversy for beginning suit, shaping issues, and producing evidence

Inquisitorial

i. criminal suits
1. court’s conduct an active independent inquiry into the merits of each case, which may include having the judge question and examine witnesses

Reasons for prevalence of adversarial system

PRO’S:

i. A truer decision reached as a result of contest between interested parties
1. When the parties are more invested, more facts will arise
ii. Parties who are interested bear the cost and energy
iii. Easier to reach a result in a yes or no situation as compared to impartial investigation
iv. Gives parties the feeling of having settled a score (promotes less violence)
v. Puts the burden on the parties that want satisfaction

CON:

i. May encourage litigation
ii. Abusive litigation
iii. Not all parties have equal resources
iv. Yes/No decisions leave no room for maybe answer
v. Decision may be manipulated
1. incentive to hide or distort facts

Cases today

i. There is a move towards the middle by both systems
ii. 95% or more suits do not go to trial
1. Settle before trial, abandoned, or a motion is passed
iii. Half are not held before a jury

Reasons for the courts to exist

Conflict resolution model

i. Peaceful settlement

Behavior modification model

i. Alters behavior by imposing costs on a person. Effects future behavior
ii. Venue
1. suit brought in a convenient location
iii. choice of law
1. If there is diversity, you may be able to choose which state’s law applies
a. rules may determine which laws apply

VENUE AND JURISDICTION

Venue

Bring the suit brought in a convenient location

Choice of law

If there is diversity, you may be able to choose which state’s law applies
Rules may apply as to what laws apply
If there is a question of diversity:

i. choose between federal and state law to apply
ii. Organization of State Courts
1. Original jurisdiction
2. general jurisdiction
a. divided into districts
3. inferior jurisdiction
a. handles small matters
i. ex.’s- traffic court

Jurisdiction

Must be a court in which the parties are required to appear

i. have proper venue
ii. depends on district

Appellate jurisdiction

i. reviews decisions

Types of Courts

United States District courts

i. court of original jurisdiction
ii. at least one in every state

13 U.S. Appeals courts

i. Cover multiple states
ii. D.C. has its own appeals court

Federal appeals court

i. deals with federal cases
ii. deals with cases in which there is a diversity of citizenship
iii. parties from different states
iv. parties from a foreign country
v. amounts in controversy (more than $75,000)

COMMENCING THE ACTION

File a complaint with the court
Must give notice of commencement of the action by service of process

Notice consists of:

i. Service of Process
ii. Summons (must be reasonable under the circumstances)
iii. Directs D to appear and defend under penalty of default
iv. Usually achieved through personal service
1. physically delivered
2. substituted service
3. sending papers through registered mail
4. delivered to agent within the state
v. Publication
1. in a newspaper for a certain length of time

PLEADINGS
THE COMPLAINT

Three objectives

furnish a basis for identifying and separating the legal and factual contentions involved so that the legal issues may be disposed of at an early stage
establish in advance what a party proposes to prove at trial
give each party only a general notice of the opponents contentions (see Form 9)

Rule 8: PLEADINGS

(1) 8(a): Claim for Rel