Outline
An Outline of Civil Procedure:
1. Selecting Proper Court:
a. Personal jurisdiction–authority of a court to exercise power over individual/entity and adjudicate their rights.
b. Subject matter jurisdiction–authorization to adjudicate disputes of a particular kind.
c. Venue–rule of convenience that determine the proper court.
o A case gets into Federal Court by:
· Federal question, violation of 14th amendment (due process clause or equal protection)
· Federal government is a party
· Diversity of citizenship (state v. state, and $75,000 or more)
2. Applicable law–federal v. state law
3. Pleading and Joinder
o Compliant
o Answer
o Pleading & motions
4. Discovery–process of compelled information exchange (after suit been filed & shaped).
5. Trials and Dispositions w/out trial:
o Negotiated settlement
o Summary judgment–no material factual dispute warranting trial
o Alternative dispute resolution
d. Default judgment–defendant fails to appear or defend self
6. Judgment and Appeals
a. Securing and enforcing judgments
b. Appellate reviews
c. Preclusion doctrine–body of law that governs the extent to which previous determinations of claims or issues preclude the litigation of those mattes or closely related matters in subsequent lawsuits.
· Modern federal pleading rules evolved from earlier common law pleadings and code pleading systems.
· In 1938, the Federal Rules of Civil Procedure took effect (Primary Purpose–provide notice to parties the claims and defenses in a case).
PLEADINGS:
· Pleading–a formal document in which a party to a legal proceeding sets forth or responds to allegations, claims, denials, or defenses.
· The Complaint:
FRCP 3–Civil action is commenced by filing complaint.
FRCP 8(a)–Claim for Relief
1. Short and plain statement of grounds of the court’s jurisdiction. (Federal rules only–NOT MT)
2. Short and plain statement of claim showing entitled to relief.
Conley v. Gibson–Black workers fired and replaced by Whites by Railroad Union.
o Pleading is NOT game of skill. Do NOT require specific facts upon where they base claim.
Swierkiewicz v. Sorema–Senior VP and Chief Underwriting officer gets demoted (new employee 1 year experience compared to 26 years).
o Only a short and plain statement of claim. Do NOT need prima facie case. (Upholds Conley).
Bell Atlantic Corp v. Twombly–ILECs conspiring
o Enough facts to state a claim that is plausible on its face. Creates plausible standard, instead of mere conclusory allegations.
Ashcroft v. Iqbal–Post Sept. 11, 2001, arrested as high interest prisoner.
o Complaint must contain sufficient factual matter to state a claim that is plausible on the face.
o Plausible–reasonable inference the defendant was liable
o Cannot allege “conclusory” assertions.–“Principal architect”–Need More than Naked assertions
May state not exactly sure what the court standard is for the short and plain standard showing entitled to relief
o A Demand for the relief sought (Prayer for relief)
o Description of the remedies that the plaintiff seeks from the court.
PURPOSE– Idea of notice pleading, to give fair notice to opposing party of the claim or defense (what accused of and allow them the opportunity to defend it)
· MT follows Conley guidelines, Do NOT require specific facts upon where they base their claim.
· MT rules only have 2 requirements. Do NOT need a short/plain statement on grounds of jurisdiction.
McKinnon v. Western Sugar Cooperative Corp.–Employee of railcar amputates both legs on job.
o Complaint in District court got dismissed because claim merely alleged facts. (“mere allegations”)
o Stated the court is under no duty to take as true legal conclusions or allegations that have no fact
viduals usual place of abode
· With someone of suitable age and discretion
· With someone that resides there
o Delivering to an agent authorized
· Must be one that was appointed for the specific purpose of receiving process (burden of proof on the plaintiff)
FRCP 4(f)–Serving outside the U.S.
· A person (other than a minor, incompetent person, or person who wavier has been filed) may be served outside the US by:
o Internationally agreed means of service that is reasonable
· Example “treaty”
(IF NO agreed means, then by:)
o Prescribed by law in the country’s court of general jurisdiction
o As instructed by that country in response to a letter rogatory from the U.S. court requesting instruction service.
(Unless, prohibited by foreign county:)
o Delivering to individual personally
o Form of mail that clerk addresses and sends to individual (requires receipt)
o As court orders (“catch-all provision”)
Rio Properties Inc. v. Rio Int’l Interlink–RIO brings suit against RII, unable to serve by conventional means of service
o If court orders, does not mean this is a last resort means of service (rather alternative means of service).
o It must be reasonably calculated, under all circumstances and inform party of actions and afford opportunity to present objections.
o Rule governing alternate service of process in a place not within a judicial district of the United States requires only that service must be
· (1) directed by the court and
· (2) not prohibited by international agreement.
