Civil Procedure
Introduction to Civil Procedure
Lecture 1 8/23/06
Introduction – No Notes
Lecture 2 8/25/06
1) There are many differences between criminal and civil cases
a) One of these differences is the standard of proof
b) Criminal case
i) To convict someone one of a crime in a criminal case the jury must decide that they are guilty “beyond a reasonable doubt”
(1) It is a very high burden to meet especially when a lot of the evidence is circumstantial
ii) Criminal cases are initiated by the state, usually the district attorney
iii) The penalty is which prison time
c) in a civil case
i) after the jury and judge have heard al of the evidence and witness they must be convinced the evidence tips in the plaintiff’s side
(1) if 51% of the evidence is in your favor then you can convince the court that you are right
ii) the action is brought by the plaintiff
iii) the penalty is usually restitution
2) Remedies
a) Legal
i) Basically seeking damages; something monetary
(1) Trying to recoup what you lost
ii) Has origins in England in the 13th and 14th centuries
(1) How the United States got most of its early law
(2) There were two courts in England depending on what you wanted
(a) Legal – damages
(b) Chancellery –injunction for the activity to cease
(3) In the US today, there is only one court where you can seek both damages and injunctions
b) Equitable
i) An injunction – requires the other party to do something or stop doing something
(1) Preliminary injunction-parties have more time to file briefs and look up information
ii) Equitable remedies are flexible
(1) a judge can tailor this type of remedy to fit different situations
3) Torts = Civil Wrongs
a) Can violate state or federal statues
b) Defamation and libel are two examples
c) Torts and contracts are often referred to as state law or common law claims
i) Uniformity in torts can very from state to state
4) Court System
a) State
i) Each state has its own court system
ii) In California, the trial courts, the lowest level of courts, are referred to as Superior Court
(1) Other names for trial courts are municipal, district and circuit
(2) Jurisdictions are divided by county
iii) State courts have nor bearing on each other
(1) The different states are entirely independent of each other though decision form other state courts may be used as persuasive authorities
iv) State courts are courts of general jurisdiction
(1) Can ta
the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law
b) a legal term which means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case.
Personal Jurisdiction
8) Pennoyer v Neff, 1878 (in state service)
a) A very important case on personal jurisdiction in the United States
b) 1st Lawsuit
i) Mitchell v Neff in a claim for unpaid attorney fees.
ii) Decided in 1865 in Oregon for $250
iii) Service was notice by publication
iv) Mitchell won by default
c) 2nd Action
i) Mitchell executes the judgment
ii) Neff’s Oregon property is sold an Mitchell buys it for the amount in question
iii) 3 days later the property is transferred to Pennoyer
d) 3rd Action
i) Neff sues Pennoyer for eviction in 1874
ii) Claim was in federal court in Oregon
The underling judgment was void
