Select Page

Civil Procedure I
University of Mississippi School of Law
Hoffheimer, Michael

Civil Procedure
Section 3
Prof. Hoffheimer

The topics in this outline are set forth in the order in which they might arise during the progression of a case. Each of these topics should be analyzed in any given Civil Procedure Problem. Within the respective topics are the rules of law (black letter and case) which must be followed in order to conform to proper Civil Procedure in that aspect of the case. Each topic represents an area from which Civil Procedure issues may arise in a case. Memorize the outline as a guide for analysis of Civil Procedure Problems, using each topic area as a focal point for issue-spotting.

Page


Topic

General Terms and Concepts (Starting Point — not really a topic area)
Overview of Civil Procedure

Juris

No

S

V

Discover

Plea

Ascertaining

Tr

Mu

Fo
Structure of the Courts
Provisional Remedies
rmer Ajudicationlti-party and multi-claim litigationial Procedure — not covered on exam Applicable Lawding – not covered on examy — not covered on examenueubject-Matter Jurisdictionticediction Over the Parties (Personal Jurisdiction)

In Civil Procedure, Juries Never Seem to go out Venturing to Discover Pleasure Ascertaining how Troll Mutants Fool Around.

GENERAL TERMS & CONCEPTS

There are two kinds of Jurisdiction . . . a court must have both to decide a case:

Jurisdiction Over the Parties

Subject-Matter Jurisdiction

Usually not an issue for State Courts
Mostly in context of Federal Court
— power to decide the subject-matter, a.k.a. the substantive issues of the case — personal jurisdiction addresses whether a court has power to render a binding, enforceable judgment over the parties or property involved in a particular case
Writ of mandamus

Injunction

Writ of prohibition

Cross claim

Counterclaim

Libel of ship in admiralty

Dismissal with Prejudice

Dismissal without Prejudice

Writ of Certiorari

Judgment N.O.V.

Discovery

Pleading

Overview of Civil Procedure

In order for ANY court to hear a case, that court MUST satisfy requirements for:

Subject Matter Jurisdiction
Personal Jurisdiction
Venue

In addition to the above requirements, sufficient notice must be provided to the defendant.
Article 7 of the U.S. Constitutio

y simple complaint requirements: “. . . should be reserved for those exceptional circumstances where the claim asserted is patently unmeritorious or frivolous.”

— — – judgment non obstante veredicto – judgment entered for one party even though a jury verdict was rendered for the opposite party – extraordinary writ issued by appellate court, signifying a willingness of that court to review the ruling of a lower court on a particular case – dismissal that does not bar the plaintiff from refiling the suit within the limitations period – dismissal that bars any subsequent action on the same claim. It usually follows an adjudication on the merits. – an action in rem or quasi in rem that is commenced by seizure of a vessel – defendant’s claim in opposition to, or as a setoff against, the plaintiff’s claim – claim that arises between co-defendants or co-plaintiffs in a case that relates to the original claim or counterclaim – an extraordinary writ issued by an appellate court to prevent a non-judicial officer or entity from exercising a power – order issued by a court of equity commanding or preventing an action – an extraordinary writ at common law compelling a person within a court’s jurisdiction to do a ministerial act