Civil Procedure A
Carlson Fall 2016
1. Overview of Courts and Introduction to the Process of Law
2. Starting the Action
Deciding to Litigate 1-2
Pleading: Complaints 3-6
Pleading Ethically 6-9
Notifying the Defendant 9-11
Responding to the Complaint 10-11
Amending the Complaint 11-12
Discovering the Facts 13-20
Initial Disclosures 12-13
Discovery Mechanisms/ Scope of Discovery 13-18
Trials and Resolutions
Summary Judgment 21-23
Judgment as a Matter of Law23-26
5. Judges, Juries, and Appeals
Right to a Jury 28-29
Final Judgment Rule29-34
Scope of Review 33-34
Civil Procedure Outline
What is Civil Procedure?
The study of based on rules that people use to make claims to resolve a dispute.
What type of disputes for we use to represent client?
Naming: identify the injury
Claiming: identifying someone else as responsible for the injury expecting them to do something
Blaming: asking the person responsible for redress
Trial District Court
Differences in our system v. the Tribal court
12 tribal courts
Tribal court more informal than federal courts
Win-win scenarios peace making
Taking more time to mediate brings people in from the community corporative rather than disputes in the community
Concerns with finding justice
Efficiency time makes decisions
Attorney guide process judges preside special rule check who can talk when
Focuses on a winner or loser
Purpose is to find the truth
The court structures tell us what values we have as a society. Goal of the course is to figure out why we have procedure, how and why does procedural rules matter, and how do we design procedural rules?
Art III Section 1
Judicial power is vested in one Supreme Court and inferior courts that Congress may decide to establish.
Federal courts can hear civil and criminal cases
Civil Jurisdiction in Federal Courts are limited
Federal rules guide civil procedure
Federal rules come from congress
Rules are made differently in different states
The rules govern procedure of the US district
Courts and attorneys must follow the rules
Goldberg v. Kelly (1970)
Issue: Should the state stop payments without affording him evidentiary hearing procedure?
Facts: Welfare Recipients were cut from welfare without an evidentiary hearing. The city of New York had a hearing process.
Rule: 14the Amendment; Due Process Clause “No state shall deprive any person of life liberty and property without due process of law”
Holding: Yes, the court held that the state must hold an evidentiary hearing before benefits are terminated. The court determined first what sort of right was at issue; and they determined that the future stream of welfare benefits are statutory entitled rather than simply being privileges. While the state argued that the current procedure was administratively efficient, the court argued that the right to future aid superseded such efficiency interests. The court believed welfare recipients were entitled to a more formal hearing, where they could be heard in person or through an appointed representative and have the right to cross-examine confronting witnesses. Because of this, the court required the state have to pre-termination evidentiary hearing so that welfare benefits, which the recipients used as a basis to support their livelihood, would not be arbitrarily denied.
Rudimentary Due Process (Goldberg Standard)
Opportunity to be heard
Claimant allowed to retain counsel
Impartial decision maker who states reasons
Mathews v. Eldridge (1976)
Issue: Should Eldridge get a pre-trail hearing to give back his SSD benefits?
Analysis: No, Eldridge is not allowed a pre-trial hearing to get back his benefits Whether an administrative procedure meets the constitutional guarantees of the Due Process Clause requires a consideration of three factors: (1) the private interest at stake in the administrative action; (2) the risk of an erroneous deprivation of this interest through the procedures used, and the probable value, if any, of additional or substitute procedural safe
the justice system before facts gave access to the plaintiff
Rule 7: Types of pleading allowed
Pleadings. Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
(b) Motions and Other Papers.
(1) In General. A request for a court order must be made by motion. The motion must:
(A) be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.
Rule 8: Filing A compliant
To make a claim into a complaint (Rule 8a)
list the jurisdiction- if its already stated, don’t state it again
pleader is entitled to relief
a demand for relief sought
8 (a)(2)all characteristics have to be a short and plain statement brevity helps plaintiffs stop from telling all details , wants plaintiff to keep facts consistent,
Haddle v. Garrision
Facts: Haddle was an employee who was fired to discourage him from testifying at a trail. Defendant brought a 12(b)(6) motion to dismiss the case. Haddle asserts 42 U.S.C 1985(2) he was deprived of life liberty and property due to Health master firing him from his job. Haddle appeals to court district court Failed to state how they can relieve him no legal cause for action for poor behavior or specific case law
Rule: 8a: To be legally sufficient, a complaint has to encompass a legal claim and cannot contain allegations defeating that claim. Must plead each of the elements of your cause of action ensures legal sufficiency.