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Property I
University of Pennsylvania School of Law
Wolff, Tobias Barrington

Civil Procedure Outline
 
I. Outline of a Lawsuit
A.  History
                        1) Types of writs
a. Preclusion – barring a litigant from presenting or opposing certain claims for failing to comply with discovery
b. Replevin – personal property taken from p’s possession
                                    c. Detinue – unlawful detention of personal property by one to whom it had been entrusted
                                    d. Trover – conversion of personal property by a finder or other persona not entitled to it
                        2) when came to America
a. Reception Statutes – when US adopted English Common Law
                                    b. Field Code (1848) – merged writs and equity in the US
1. Transsubstantive – a single pleading would govern all claims
2.  Abandoned having to plead down to one single issue
            B.  Civil Lawsuits – governs obligations that individuals may enforce against each other as remedies as
opposed to obligations the state may enforce against the individual (criminal)
C. Stages
1)      Investigation
a.       Attorneys have a responsibility to make sure that client has suffered a wrong that the court can address
2)      Fee Arrangements
a. Contingent fee – where client pays attorney a percentage of his winnings, but nothing if he looses
3)      Federal v State court.
4)      Service of Process – insufficient service under 12b5
a.      Personal jurisdiction must be objected to at this point or lost
b.      Or form collateral attack
5)      Pleadings
a.       12b6 Motion to dismiss – fails to establish each element (a necessary to bring a lawsuit all of which need to be satisfied) on cause of action
6)      Remedies
a.       Monetary
b.      Injunction
c.       Declaratory – of rights, status
d.      Interim relief
                                                                                                  i.      Temporary restraining order
                                                                                                ii.      Preliminary injunction
                                                                                              iii.      Ex parte – without consulting the other side
7)      Discovery
a.       56c Motion for Summary Judgment – there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law
8)      Trial
a.       50 Motion for Directed Verdict – only one reasonable way the jury could decide
b.      50 Motion for Judgment as Matter of Law  – p failed their preponderance standard and the jury decided unreasonably
9)      Appeal      
10)  Finality
a.       Res Judica – the thing has been decided (claim preclusion) – bars claims b/w the same parties  that were or should have been asserted in the judicial proceeding
b.      Collateral Estoppel – barring relitigation of same issues (only applies to claims that have already been litigated)
D.  Jurisdiction
                        1) Subject Matter Jurisdiction – courts power over the kind of case before it
                                    a. Federal
1. diversity (amount in question must be over $75,000)
                                                2. arising under the constitution, laws, or treaties of the US
                                    b. State – everything else
                        2) Jurisdiction over the Parties
                                    a. Substantive due process – power to act upon person or property so as to subject them to
personal liability
                                    b. Procedural due process – court must give the d adequate notice of the action against
them, and an opportunity to be heard
                                    c. types of jurisdiction over the parties
                                                1. in personam – jurisdiction over the d’s person, can attach all of their assets
                                                2. in rem – jurisdiction over a thing, give court power to adjudicate over a piece of
property or about a status
                                                3. quasi in rem – seize property or debt owned by d within the forum state to create
Jurisdiction
3) New York Times v Sullivan, US (1962) (Add about Dr. King in NY times for slander)
                        Special Appearance – if you want to challenge personal jurisdiction then you need to come
in and only contest that
                        3) Long-arm statute – permits court of a state to obtain jurisdiction over persons not physically
present within the state at the time of service under 4k1A
E.  Pleadings and Rule 11
                        1) Types of Pleadings
                                    a) Complaint
                                                1. jurisdiction
                                                2. statement of the claim
                                                3. relief – what relief the pleader seeks
                        4.  Rule 8: General Rules of Pleading: shall contain 1) A short and plain
statement… upon which the courts jurisdiction depends 2) …showing that the pleader is entitled to relief 3) A demand for judgment for the relief the pleader seeks…so construed as to do substantial justice
                                    b) Answer
1.  Admit
2. Deny
3. Deny Sufficient Knowledge to Form Opinion
4. Attack validity
5. Affirmative defenses from Rule 8
6. Rule 8: General Rules of Pleading: a party shall state…the party’s
defenses…and shall admit or deny…if a party is without knowledge or information sufficient to form a belief…the party shall so state and this has the effect of denial…averments in a pleading to which a responsive pleading is required…are admitted when not denied
7. Rule 12: Defenses and Objections – when and how presented
by pleading or by motion – motion for judgment on the pleadings: every defense…shall be asserted in the responsive pleading…except that the following defenses may be made at motion… lack of jurisdiction over the subject matter12b1, lack of jurisdiction over the person 12b2,  improper venue 12b3, insufficiency of process 12b4, insufficiency of service of process 12b5,  failure to state a claim upon which relief can be granted 12b6, failure to join a party under Rule 19 h) waiver or preservation of certain defenses
i. 12b1-5 must be raised in answer or waived
c) Representations and Sanctions
1.   Rule 11: Signing of Pleadings, motions, and other papers,
representations to court, sanctions a) every pleading, written motion and other paper shall be signed by at least one attorney of record…b) by presenting to the court [paperwork] an attorney or unrepresented party is certifying that to the best of the persons knowledge…after an inquiry reasonable under the circumstances (whether it is urgent or not matters) 1) it is not being presented for any impro

inquiry, may probe legal
theory and evidentiary support, may not give follow-up questions
1.  Rule 33: Interrogatories to Parties …not exceeding 25 question…
not necessarily objectionable merely because an answer involves an opinion or contention that relates to fact or the application of law to fact…where the answer to an interrogatory may be derived from the business records and the burden for deriving is the same it is a sufficient answer to specify the records from which the answer can be derived
b. Depositions under Rule 27 – allow follow-up questioning, person being deposed does
not need to prepare and may say I don’t know
1. Rule 28: Persons before whom depositions may be taken
2. Rule 29: Stipulations regarding discovery procedure- written
3.  Rule 30: Depositions upon oral examination  any objection must
be stated concisely and in a non-argumentative and non-suggestive manner… may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation directed by the court, or to preserve a motion…limited to one day and seven hours…if the court finds…conduct has frustrated the fair examination of the deponent it may impose…sanctions…showing that the examination is being conducted in bad faith or in such a manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court may order the officer conducting the examination to cease…
4.  Rule 31: Depositions upon written questions
5.  Rule 32: Use of depositions in court proceedings…for the
purpose of contradicting or impeaching the testimony of the deponent as a witness… if witness is dead, at a greater distance than 100 miles fro place of trial, unable to testify…an adverse party may required…to introduce any other part which ought in fairness to be considered
c.  Production of documents: subpoena duces tecum – order to bring with
                        1. Rule 34: Production of Documents and things and entry
upon land for inspection and other purpose… produce and permit the party to inspect and copy designated documents or to permit entry upon designated land…
d. Medical exams: courts require greater showing of good cause when party does not put
her own condition at issue
1. Rule 35: physical and mental examinations of Persons…may
be made only on motion for good cause shown
e.  Requests for admission: party must admit or deny – under a duty of reasonable inquiry,
not denied in a timely fashion is deemed admitted
1. Rule 36: requests for Admission …request for the admission of the
truth of any matters within scope…including…genuiness of any documents described…may not give lack of information or knowledge as a reason to admit or deny unless the party has made a reasonable inquiry…any matter admitted is conclusively established