CIV PRO OUTLINE—FINALS
Oliveri
Intro to Civ Pro
I. 2 main sources of law
a. Criminal (enforced by gov.—fine, penalty, death)
b. Civil (suit b/t 2 private entities (gov. can be involved but not usually
i. usually suing to get money
II. Procedure—how you bring about Civil cases
a. File a statement of relief
b. D must answer or the statement of relief will be answered by default
c. D (from Ill.) doesn’t want to come into Mo., Rule 13 says you can counterclaim (discussed later)
III. Sources of Fed Civ Pro
a. The Constitution
b. The Judiciary Code (“28 U.S.C. section xxx”)
i. Statutes passed by congress
c. Federal rules of Civ Pro
i. Originally promulgated in 1938
ii. Dragged by committees of the judicial conference
iii. Promulgated by supreme court, with congressional approval
d. Common Law
i. “judge-made law”
ii. cases applying and interpreting (1)-(3) rules of fed civ pro
IV. Court System
a. 56 court systems (50 states, DC, Guam, Virgin Islands….)
b. all state courts are their own system and the federal court (51 total)
c. every state has at least one state courthouse and one federal courthouse
d. federal courts from each state are connected
e. all cases start in the trial court, can go to court of appeals, then to the supreme court of the state or federal
f. if you want to appeal (in MO there’s 3 appeals court)
g. trial courts, US district court (94 judicial districts)àappellate court (US court of appeals)àSupreme court (US supreme court)
V. 3 Questions of Civ Pro
a. Does any court in a given state have the power to hear this case involves this particular defendant? (personal jurisdiction)
b. If so, does only a state court, only a federal court, or both have the power to hear this case? (subject matter jurisdiction)
c. What law applies to the case? (not a question of jurisdiction, but can only answer this after answering 1 and 2)
Q1. Does any court in a given state have the power to hear this case involving this particular Defendant (Personal Jurisdiciton)?
Personal Jurisdiction
I. What is jurisdiction?
a. What, whom and where can the law apply?
b. Has to do with the power of a court to render a decision
c. Court must have personal J and subject matter J to render decision
II. Where it comes from
a. Full, Faith and Credit Clause (Art. 4, §1)—important to personal J by implication
i. Requires that it is given to proceedings from other states, as long as the 1st court had J
ii. We need to be sure that the court that heard the case in the first place had the jurisdiction to do so
b. Due Process (5th & 14th Amend)—gov. can’t deprive a person of life, liberty, property
c. If a case is successfully challenged, that suit can’t stay in the state
III. Pennoyer—Must have physical presence in a state
a. Four ways state of OR could have asserted jurisdiction over Neff
i. 1. Neff saw the notice and showed up in court (consent)
ii. 2. He was found within the state and was personally served with process (
iii. 3. He was a resident of the state
iv. 4. He had property within the state, and only to the extent of such property attached at the time th
bstitute of Service (in newspaper)
i. Can be used if property has is under the control of the state (quasi in rem) or the judgment is in rem
ii. Can’t be used for in personam J—must be served in person
1. can use substitute of service if land is attached
2. Exceptions—marriage and appointed agent
a. Marriage–where the suit is to determine that status of a resident with respect to a non-resident (marriage and ending a marriage)
i. Brad and Jen—she can still end the marriage if Brad isn’t in the state (pretend he doesn’t own a buttload of property)
ii. this is limited to status
b. designated agent—states can say that a person who conducts business in a state can designate a person to receive the process for him
iii. PJ NOW—how ct can obtain
1. must be served in state
2. attachment of property within state before the suit
3. Consent
4. Notice—Necessary (usually) but not sufficient for Jurisdiction
i. The Rule of Pennoyer
i. Actual, personal service of process, within the state, is necessary to acquire personal jurisdiction over a nonresident in the absence of a pre-suit attachment of property
