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Civil Procedure I
University of Mississippi School of Law
Czarnetzky, John M.

CIVIL PROCEDURE CZARNETZKY FALL 2018
 
 
                        Stating the Case
 
Rule 8 (a)-
Reason for Fed jurisdiction
Facts of the incident
Type of relief sought
 
Rule 11 – DETERENCE
 
C: Lawyer responsible for making reasonable investigation of FACTS and LAW
 
B (2):  Claim & Defenses warranted by law OR non-frivolous argument for bringing chares
 
IF lawyer breaks Rule 11 à can be sanctioned. Sufficient to deter further breach of the rule. LIKE: fines, fees, $
 
Rule 19 (b)- Join injuring parties in an action in same suit
 
Rule 23 – Members can join “class” if they’re all injured
 
Rule 26 [discovery]- Broad. Anything that’s not privileged is open. EVEN if atty can prove it COULD lead to something à admissible.
 
Difference in Claim and Issue preclusion:
 
Claim Preclusion: smashes all efforts of party to relitiage things already litigated and decided previously.
 
Issue Preclusion: dissects lawsuit into various issues and removes anything previously decided.
 
 
OVERVIEW
 
Subject Matter Jurisdiction
 
Courts of Gen Jurisdiction: Can hear any case unless legal authority limits their power
 
Courts of Limit Jurisdiction: Hear cases authorized by statutes that created the court
 
ART. 3 §2 CONSTITUTION: Boundary of subject matter jurisdiction [SMJ] of Fed Courts.
 
 
                        Personal Jurisdiction
 
Court must have Personal Jurisdiction [PJ] over Δ. Applies to both FED and STATE courts
 
Citizenship in Fed Diversity cases is determined by domicile.
            Residence: Where person lives
            Intent to Remain: Person’s intent to stay + Objective thing like driver’s license or registration
 
Court’s Jurisdiction:
General Jurisdiction: State court that can hear any civil matter
Federal Jurisdiction: courts of limited jurisdiction
 
 
VOCABULARY
Complaint: the formal document that informs the defendant of the lawsuit – commences the lawsuit.  It can be mailed or a summons can be drafted.
Motions: requests to the court that it do something (dismiss the case, enter a judgment etc.)
Pre-Answer Motion: at the early stages of a complaint there are various motions that a defendant may make to end the case or to alter its shape.  These motions have nothing to do with the claim itself, and they take no position on the truth or falsity of plaintiff’s allegations. (pg. 21)
A defendant may contend that the case be dismissed because it does not belong in federal (or a certain) court (subject matter or personal jurisdiction) – Hawkins
Rule 8 problem
Lack of Venue
Lack of service of process (i.e. served wrong).
Durrmer (12(b)6 Motion) – the defendant may say that even if the complaint is true under the substantive law plaintiff has no right to relief – motion to dismiss for failure to state a claim for which relief can be granted.
Answer: – a substantive motion (to a complaint) responds to the allegations of the complaint.  Where the defendant either:
Denies the truth of one or more of the allegations
The defendant may want to assert additional matters that will wholly or partially defeat the defendant’s claim. (pg. 22) ***Burden of proof decided by jury.
Affirmative Defense – statute of limitations is up, lacks jurisdiction
Counterclaim – if related to first complaint – compulsory,  if not related at all  –  permissive (this is efficient).
How: Go line by line in the complaint, deny each sentence or admit each sentence or do not admit or deny which is deemed denied – must be proved.
Venue: place of a trial that is decided by subject matter and personal jurisdiction – when multiple courts have jurisdiction.  **Federal Courts have districts.  Mississippi is in the 5th District.
Discovery: means by which we discover facts and evidence in a case. *** There is a limit to discovery.  How is it conducted?
Disclosures – Rule 26, both parties disclose lots of facts before lawsuit
Deposition: subpoena a third party or take one of your client (oath)      
Production of documents.
Interrogatories – written question (under oath)
Request for Admissions – admit it.
Physical/Mental Exams
***Extensive discovery is unique to the USA and civil cases can’t afford this – don’t know all the facts in a case, too expensive. Is there a way to fix this? Congress thinks it is a waste of money
Appeals: You are able to appeal the final orders of the judge NOT interlocutory orders. 
Final Order Rule: An order that entirely disposes of litigation- summary judgment, demurrer, JNOV, judgment as a matter of law, directed verdict.
Interlocutory Orders: motion for summary judgment (et. al.) that is denied, overruled objected, granted objection.
Mandamus: (Writ of Mandamus) appellate courts have the power to mandate even interlocutory orders (RARELY successful) – demands lower court to change the ruling. 
 
 
LIMITED JURISDICTION
 
 
Limited Jurisdiction: only certain cases qualify to be heard. Fall under some certain limited jurisdiction like diversity Hawkins v. Master Farm [between citizens of different states]  
 
Hawkins v. Master Farms [ DIVERSITY JURISDICTION ]  
Case was to go to Federal District court of Kansas but can that court hear the case?
 
RULE: For DIVERSITY JURISDICTION to apply the case must be for more than $75,000 AND between citizens of different states
 
            Domicile: Where person lives AND intent to remain indefinitely
 
Rule 11: If lawyer wastes time they can be sanctioned. ONLY when there is no reasonable argument
 
Removal Statute: Allows Δ to move case to Federal Court IF that case can be heard by the court moving to
 
 
 

claim then you don’t have to re-litigate that issue.
 
Reise v. Board of Regents of University of Wisconsin
 
 
28 USC §1291: Court of appeals has jurisdiction of appeals from all FINAL DECISIONS of district courts. Court of Appeals DOESN’T have jurisdiction over Interlocutory decisions AKA non final decisions.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PERSONAL JURISDICTION
 
Jurisdiction:
 
            Subject Matter: Court has power to hear the type of case
 
            Personal: Court has jurisdiction over the D
 
Constitutional, Due Process: NO state shall deprive person of life, liberty, or property w/o Due Process
 
Full Faith and Credit given to each state to judicial suits of every other state: one state must recognize and enforce valid judgments of other states.
 
 
Pennoyer v. Neff
 
            In Personam Jurisdiction: render decision over a PERSON, service of process within the state will be           main issue
 
            In Rem Jurisdiction: render decision over a THING. Once thing is seized of someone in state court has      personal jurisdiction to dispose of property and deiced the case.
 
            Quasi In Rem Jurisdiction: Lives outside state but has property in state, after seizure of thing inside the       state you can decide the lawsuit even unrelated to property. Person is constantly in possession of their property and if seized they will be informed as much as possible.
 
State has jurisdiction over people and property within their territory.
 
Due Process requires appearance OR personal service within the state before foreign Δ is bound
14th Amendment: depriving life, liberty, or property must have due process
 
STATE now has Personal Jurisdiction over foreign Δ by:
Personal service by process inside the state
Δ consenting to jurisdiction by voluntarily appearing
 
Quasi-in-Rem: If foreign Δ has property in state then Π can have property attached by court. Would give state personal jurisdiction over Δ even if not in the state as long as property bought before the lawsuit.
 
IF person is found inside the state or they consent to jurisdiction or property bought before the action à Δ is subject to PJ in the state.