Civil Procedure I Outline

The Lawsuit
Pleadings
1) Notice Pleading—focus is on the notice and showing the substantive law.
a. Must provide “a short and plain statement of the claim showing that the pleader is entitled to relief.”
b. Accessible—the main point of the federal rules is to be very accessible so you can “get in” to the system. An in-depth description of each side is what the Discovery process is for.
c. Merits—the underlying substantive claim. The system is designed to get you to the true merits of the case.
d. Sufficiency/Specificity—what is enough to include in the claim.
2) Code Pleading—Fact Pleading. Must provide “a statement of the facts constituting the cause of action, in ordinary and concise language.”
3) Burden of Pleading—who must plead and what must they plead?
a. Who must plead, must prove.
b. What you must put in your complaint.
c. Substantive Law—tells the P what elements the P must Plead and Prove. The D must answer with the elements of D that would shoot down the P’s claim.
d. Prima Facie—elements that are necessary at a minimum for the P to recover.
· Plaintiff—must prove that Prima Facie Case.
· Defendant—must prove that the Prima Facie Elements are not there.
4) Rule 8—Complaint Must Have
a. Jurisdiction—28 USC § 1331 & 1332
b. Claim
c. Relief
d. Rule 8(a)—(1) a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction and the claim needs no new ground of jurisdiction to support it, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or several different types may be demanded.
5) Dioguardi v. Durning: There should be “a short and plain statement of the claim showing that the pleader is entitled to relief.”
6) Conley v. Gibson: states that a claim should not be thrown out “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief [citing, inter alia, Dioguardi v. During].
7) Pleadings Rule Specificity Summary
a. Start at Rule 8(a)
b. Intent—Then look beneath the rule at its INTENT!
· Gives D fair notice of P claim and its basis
· Enables the D to frame a response
· Facilitate access to discovery.
c. Look to other rules—8(e)(1), 8(f), Form 9 (via Rule 84).
d. Conley, Dioguardi, & American Nurses
8) Practicality of Complaints
a. Longer complaints may be appropriate at times
· To impress the court/judge
· To impress and frighten the D w/ the case strength and devotion
· Give the P leverage on the D.
· Wave impressively at a press conference
· Exert political pressure on other parties
· Resolve early on an important issue that needs clarification
b. Shorter Claims
· Keep it simple for flexibility.
· Don’t reveal what you don’t have to
· Need to prove a case through discovery.
· Don’t want to over expose your client.
· Want to save resources
9) Heightened Pleading Standard
a. Fraud
b. Mistake
c. Individual Public Officers
d. Special Damages (Pet Bird from Practice Test)
e. Upheld in American Nurses
10) Rule 12: States what defense can be made and when they must be made.

12(b)(1)

Lack of Subject Matter Jurisdiction. Entry Requirement. Power of the Court to adjudicate the claim.

12(b)(2)

Lack of Personal Jurisdiction. Entry Requirement. Power of the Court to adjudicate the claim. Raised in motion or answer or it is waived.

12(b)(3)

Improper Venue. Entry Requirement. Power of the Court to adjudicate the claim. Raised in motion of answer or it is waived.

12(b)(4)

Insufficiency of Process. Goes to the process (summons, compliant) of the claim. Technically deficient service. Raised in motion or answer or it is waived

12(b)(5)

Insufficiency of Service Process. Goes to the process (summ