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Criminal Law
University of Mississippi School of Law
Czarnetzky, John M.

 
CIVIL PROCEDURE I CZARNETZKY SPRING 2015
 
 
 
·         Hawkins v. Master Farms, Inc.
o   In determining whether a diversity jurisdiction exists, a person is a citizen in that state if he is “domiciled” there. Domicile is established by physical presence in addition to the intent to remain there.
o   Federal court case
o   Purchased a new bedroom set, moved his clothes – to the Creal house.
·         Bridges v. Diesel Services, Inc.
o   Rule 11 sanctions should be reserved for those exceptional circumstances where claim is patently unmeritorious or frivolous.
 
·         You need to review and write down the rules that are in the cases that you read.
 
·         Syllabus: Pages 1-274
 
·         First chapter is an overview of all of Civil Procedure
 
·         What is a civil case? A case dealing with the potential loss of money or damages rather than the loss of liberty. Civil cases can be between
 
·         Justice lies in the interstices of procedure. Procedure is the means by which we do justice.
 
·         How can we arrive at the truth?
 
·         Sometimes our procedure fails, and then justice fails (?)
 
·         A major trade-off in procedure is efficiency instead of exhaustion of resources, e.g., time limits for discovery.
 
o   Another trade-off is between Peace versus truth.
o   We want to maximize truth but do so efficiently
·         Read the BlueBook chapter by chapter.
·         There are two types of jurisdictions:
o   Personal Jurisdiction (35-40% of course)
§  Which Sovereign has power over a particular defendant
§  Dean Gershon
§  Dean of Stanford has the subject matter jurisdiction but does not have the personal jurisdiction to hear Czar v. Student
·         This is because it’s not as efficient
o   Subject Matter Jurisdiction
§  Can a particular court or Sovereign hear this type of case?
§  Deans of Law Schools
·         SUBJECT MATTER JURISDICTION
o   “Federal courts are courts of limited subject matter jurisdiction.”
o   Article III Section 2, defines the subject matter jurisdiction for federal courts
§  Federal Question
·         A question that arises under federal statute or law
§  Diversity
·         A case between citizens of two different states
 
DAY TWO
·         Hawkins v. Masters Farms, Inc.
o   Creal killed in auto accident. Creal/Plaintiff files in Federal court because of strategically used Diversity of citizenship
§  This works by where that citizen is Domicile
·         Domicile is:
o   Physical presence
o   Intent to remain indefinitely
·         How does one prove intent of the deceased?
o   Testimony
o   Evidence
o   Actions. Words are cheap.
·         Judge decides to not rely exclusively on the statements of the decedent’s survivors
o   Defendant states that Creal was paying for the household, not going back to mother’s house anymore. Moved stuff from Mother’s house to new house.
o   A reasonable person could have gone with P instead of D, but its close
o   Equipoise
o   USC 28 Section 1332 states the diversity rule
o   Article III of the Constitution is Judiciary
§  Section 2 concerns the subject matter jurisdiction reach of Judicial
§  Federal Question case arises under federal statutes, constitution, federal laws.
§  There are large swathes of law that are concurrent, state and federal questions
o   Article I is Legislature
o   Article II is the Executive branch
·         RULE 12(B) – Motion to Dismiss
·         28 USC is where federal judicial procedure is located.
·         Section 1332 adds a minimum dollar amount of $75K
·         Congress tells us what the outer limit of federal jurisdiction is, but the judiciary can limit it further.
 
·          
·         Congress also has the power to do things that are “necessary and proper.”
o   This allowed Congress to set up rules of procedure
o   Congress delegates the authority
·         Cases are commenced with a complaint
 
BRIDGES v. DIESEL SERVICES, INC.
·         Rule 11 – Representations made to the court
·         YOU SHOULD LEARN THE SUPREME COURT JUSTICES’ NAMES
·         Plaintiff did not file a charge with the EEOC before filing the law suit
·         The P “Did not exhaust all administrative remedies before filing suit.”
·         Still has the right file suit but they must follow the rules of procedure
·         Rule 11 requires that the lawyer make a reasonable under the circumstances, investigation of the facts and an investigation of the pertinent laws so that whatever representation he puts forth is a good faith effort.
·         The minute the P received the Rule 11 sanctions, the P’s lawyer did the right thin

s for the cases in the 1st chapter
BUTLER v. RIGSBY
·         Defendants requested certain documents
o   Listing of the patients that the doctors see
o   Letters to and from lawyers and documents
o   Contracts and letters of guarantees from lawyers to doctors and vice versa
o   Plaintiff’s want to know the relationship
·         State law determines what is privileged
·         As long as the info is not privileged and will lead to admissible evidence or is believed to do so when reasonably calculated, it is discoverable.
PRETRIAL DISPOSITION – SUMMARY JUDGMENT
·         Rule 56 Summary Judgment – the court is going to enter the judgment without a (jury) trial
(a)    Motion for summary judgment: A party may move for summary judgment if they address each claim or defense. The court shall grant sum judge if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
(b)   Time to file a motion: Any time until 30 days past the end of Discovery
(d) Summary judgment will be delayed until after discovery has ended
·         Sum judge is not for weighing evidence but instead for determining whether there is any evidence to be weighed.
·         It is not the judge’s role to determine issues of fact. As long as there is a genuine dispute as to a material fact, there can be no sum judgment
·         Houchens v. American Home Assurance Co
o   Upon a motion for sum judge by the movant, the opposite party has the burden of establishing facts that are in dispute. “Whether evidence, viewed in the light most favorable to the opp. party…”
o   Death needed to be caused by accident in order for wife to receive the life insurance policies
o   Allegations: assertions made in a complaint or answer but not yet supported by evidence
o   Houchens brought suit, American made a motion for sum judge