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

Civil Basic Procedure I – Bockrath
                                
 
Exam Tips:
Need to have categories for exam…put everything into a flow chart or something similar
SO IMPORTANT to get process right on exam
For personal juris on exam, make list of juris basis and chose the one that is easiest
Make sure you get forum and states of D, P and Claim correct on exam
Sometimes whether State or Fed court doesn’t matter for forum, but sometimes it does
For D’s state, it matters less where he is from than where he is not from
 
 
 
 
 
 
 
 
 
 
 
 
THINGS TO IDENTIFY IN EVERY CASE:
Forum – state where case was originally filed and whether it was state court or fed court (if found in federal court, identify state where court sat)
***Getting forum right is KEY to jurisdiction matters***
Defendant’s Domicile (must know in every case-always important)
Plaintiff’s Domicile (only sometimes important)
Claim – state in which incident happened that gave rise to the suit
 
Random notes:
Civil Procedure – process by which decisions are made
 
Civil – in this class use it to distinguish from criminal (not civil vs. common law)
 
Jurisdiction – power to render a judgment.
Lawyers must determine proper ct to file suit (fed or state)
 
You would rather gain jurisdiction by service than attachment. For example, person owns property in state but lives somewhere else and he comes into state for a visit. You would rather serve him while he is in state than attach property at beginning of suit- if you gain juris by attachment, judgment is limited to value of the property that you attach. If you serve them liability is unlimited. If your claim exceeds property value, you are screwed….you would rather serve them.
 
IMPORTANT point- notice and jurisdiction are different- (can have potential for jurisdiction but no notice or notice but no potential for jurisdiction). Only time 2 are the same is when you are personally served when in state.
 
Full Faith & Credit –courts of one state enforce judgments in another state; only applies where original court has jurisdiction; no application in federal courts
 
Injunctive Relief – D ordered by court to do something or refrain from doing something; if D defies court order, they may be held in contempt of court, fined or imprisoned until they comply
– Awarding money more common than injunctive relief
– Burden to seek enforcement is on person who secures judgment
 
Structure of court systems – Federal does not operate above state. Think of them as operating side by side.
 
State Court System:
District courts (trial courts) – render a judgment
***Look at state court jurisdiction at trial level
Courts of Appeal – only deal with questions of law, not of fact (Baton Rouge i

her the court had personal jurisdiction against whom judgment was rendered (judgment was rendered in CA over TX resident) Yes they had jurisdiction b/c he was original P and he filed suit in CA (gave consent) and therefore CA had jurisdiction
–          Full Faith and Credit clause does not apply to federal courts
***Just because consent works for a P to get personal jurisdiction does not mean it works for subject matter jurisdiction. Remember – you can’t mix the two
 
Over Defendant
Two types
D physically present in forum (state)
D not physically present in forum (state)
 
***For personal juris, the reach is the reach of the statute and the limitation is the DPC 14th amendment (always use 14th w DPC for personal juris in state bc there are 2 DPC’s in constitution and 14th applies to states)
 
*** In every circumstance when D is not in forum, service of process is not sufficient unless you have something else present. Cant just serve alone even if you personally serve him where he is…it gives notice but does not establish juris
 
Defendant can be broken down into two types
natural person