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Civil Procedure II
West Virginia University School of Law
Cummings, Andre Douglas Pond


Art. III 28 U.S.C. – Judiciary and Judiciary Power

§41 – Create the number and composition of courts

§133 – Appointment and number of district court judges.
*President appoints with advice and consent of Senate.

Original Jurisdiction of Courts

§1331 – Federal question. District courts have jurisdiction over all civil actions where controversy exceeds sum/value of $ 75,000. (limits their power except where statutory provisions are made)

§1332 – Diversity of citizenship: jurisdiction over actions where parties are citizens of different states, US and foreign entity.

§1333 – Admiralty, maritime & prize cases

§1337 – Commerce and anti-trust regulations; exceeds $ 10,000 in controversy.

§1367 – Supplemental jurisdiction

§1441 – Removal Jurisdiction (state to federal only)

General jurisdiction v. limited jurisdiction

General jurisdiction – ability to hear any claim unless there is legal authority prohibiting such power.

Limited jurisdiction – can only hear cases that are specifically authorized by statutes that set up the court. (Federal Courts are courts of limited jurisdiction)

FRCP #s 14, 19, 20, & 24: Joiner & Intervention Rules

Introduction: A Survey of the Field
Procedural Due Process

14th Amendment: State courts cannot deprive a citizen of life, liberty, or property without due process.
A. Concepts of Due Process
1. Opportunity to be heard
2. Impartial decision maker
3. Right to confront adverse witness
4. Right to counsel
5. Right to appeal

Goldberg v. Kelly

Facts: Residents of NY receiving financial aid under federally assisted program of Aid to Families with Dependant Children or under NY’s General Home Relief Program alleged that officials administering the programs terminated their aid without prior notice or hearing.

Rule: Termination of benefits without due process, especially where evaluations to terminate such benefits are subjective and the individual depends on this benefit for survival, is unconstitutional. Individuals must be given the opportunity to appear in person to defend themselves as well as to confront prospective witnesses against them.

Matthews v. Eldridge

Facts: The state agency, after obtaining medical reports from Eldridge’s physician and by other means, informed Eldridge of termination of his disability aid by letter. The agency provided the reason for termination, and advised him that he may request time to submit additional information to be considered.
Rule: Where the type of aid is not for the survival of the individual, there are other means of aid, and the evaluation used to terminate benefits is objective, the procedural process of the agency does not violate due process.

The test: private interest affected by government v. risk of error of current procedure and value of additional safeguards (i.e. how much would more procedure help).

Private interests (life, liberty, property) v. Government interests (time & money)


Hawkins v. Master’s Farms

Facts: P. was killed in an auto accident in Kansas by a resident of Kansas, but the representative wants to file suit in Missouri where t

o Provides an overview of the case
· Witness testimony
o Examination, cross, redirect, re-cross
· First party rests
o Motion for summary judgment as a matter of law
§ None of the facts are contested
· Opening statement for defense (if one wasn’t given already) then same pattern
· Rebuttal
· Closing arguments
o Motion for directed verdict
· Jury instructions
o Tells what law applies to the evidence received
o Parties submit jury charges
· Verdict
o Within 10 days, loser may motion for
§ J.N.O.V.
§ New trial
· Error of law
· Admission or rejection of evidence
§ Set aside verdict

Former adjudication
o Claim preclusion – first claim precludes the second – double jeopardy
o Issue preclusion

o Appellate courts only have jurisdiction over final judgments of the lower courts

Writ of prohibition: order restraining an official from a certain action
Writ of mandamus: order making an official do an act

The Limits of Judicial Power over Defendants
Personal Jurisdiction – A waivable right

*Courts must have subject matter, venue, and personal jurisdiction in order to hear a case.

Personal jurisdiction – Power to render judgment against a particular defendant.

Venue – Place of trial.

Pennoyer v. Neff