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

Ø AN OVERVIEW OF PROCEDURE
Subject Matter Jurisdiction

Rule 12(b)(1)—as a defense, the lack of subject matter jurisdiction can be raised
Article III § 2—determines what types of cases federal courts may hear

Original jurisdiction for USSC: cases affecting ambassadors, public ministers and consuls, and those in which a State shall be a party

28 USC 1332(a)—District courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum of or value of $75,000, exclusive of interest and costs, and is between

citizens of different states
citizens of a state and citizens or subjects of a foreign state
citizens of different states and in which citizens or subjects of a foreign state are additional parties
a foreign state as plaintiff and citizens of a state or of different states

An alien admitted to US for permanent residence shall be deemed a citizen of the state in which such alien is domiciled (applies to 1441 also)

Personal Jurisdiction

Can only bring a suit in a state where the defendant is subject to PJ

For a federal court to have PJ, the state in which the federal court sits must have PJ

Venue

Place of trial

Service of Process

Rule 4 is broken down into two ways of serving process

Waiver of Service—inexpensive; mail the D the complaint, and if D signs the complaint and returns it, case can proceed
Summons—expensive; draft summons, take it to the clerk, have clerk sign summons, then have summons served on D

Responsibilities of Lawyers

Rule 11(b)(2)—the claims filed must be warranted by existing law (i.e., cannot be a frivolous lawsuit)
Rule 11(b)(3)—lawyer must reasonably investigate the facts of the claim to make sure there is evidentiary support for the claim filed

The Complaint

Rule 8(a)(2)—the claim for relief shall contain a short and plain statement of the claim, showing that the pleader is entitled to relief
28 USC 1441(a)—any case which is filed in state court, but the district courts of the US can have original jurisdiction, the state court case can be removed to federal court
28 USC 1441(b)—any civil action of which the district courts of have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the US shall be removable without regard to the citizenship or residence of the parties

Permissive and Compulsory Joinder

Rule 20(a)—Permissive Joinder—All persons may be joined in one action as Ds if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all Ds will arise in the action

Bridgeport Music v. 11C Music

Sampling music case—770 separate people were alleged to have sampled music—this amounts to 770 separate occurrences

None of the 770 parties were acting in concert—cannot join them to one claim

d return a verdict different from what the judge entered
Testimony existed that a deadman switch could have been installed that would have stopped the lawnmower in .7 seconds, which may have prevented P from having his fingers cut off

The verdict returned by the jury should have been entered as a judgment because of the circumstantial evidence—reasonable people could differ as to the outcome of a deadman switch

The trial judge simply overruled the jury verdict because he did not like the outcome

Former Adjudication

Res Judicata—refers to claim preclusion
Collateral Estoppel—refers to issue preclusion

Rush v. City of Maple Heights

P sues city for damages sustained to his motorcycle from falling into pothole while riding

P wins and recovers

P then brings suit to recover for personal injuries

Trying to use Collateral Estoppel to say that the issue has already been decided, thus P was entitled to compensation for personal injury

Court turns to Res Judicata—all issues should have been brought in the original claim

Thus, P cannot initiate two lawsuits, and therefore, P cannot recover anything for personal injury

Ø Personal Jurisdiction