Navarro_Civ Pro 1_Summer 2010.docx
Law that governs civil procedure
Federal court system:
– Federal District Courts: Courts of “original jurisdiction” (94 judicial districts)
o Courts of limited jurisdiction
o Hear “federal question cases” or “diversity cases.”
– U.S. Courts of Appeals (13 circuits)
o Hear appeals from federal district courts
o Appeals in federal courts are handled in federal courts not state courts.
– U.S. Supreme Court
o Resolves conflicts in the federal circuits
o Hears cases from highest state courts on issues of federal law.
State court system: 51 of them (includes DC)
– State courts have final word on state law. (article 3)
o Federal courts are courts of limited jurisdiction
– Courts of limited or special subject matter jurisdiction
o Defined by state statue
o Traffic courts, drug courts
– Courts of original and general jurisdiction (anything not by the limited courts)
o Can have “concurrent jurisdiction” with federal courts
o State appeals are appealed through the state system
§ Except, when the appeal concerns federal law
– Intermediate appellate courts
– Highest appellate court
o Generally state “supreme” courts
Neutral adversarial system:
– Parties start and move the cases along
– The judge is neutral
– Lawyers must move cases along
– Civil procedure mostly based on codified law
– Follows Adversarial Model of Dispute Resolution
– Based on Codified Rules and Statutes
– Purpose is to Secure Just, Speedy and Inexpensive Resolution of Disputes
Class overview
– Start of lawsuit (pleadings classes 9-11)
o What papers to prosecute and defend the suit
§ Allegations and jurisdictional statement, elements of claim, and demand for relief
§ Rules are handled by rules of courts
o Summons and complaint
§ Governed by procedural rules
o Motion to dismiss or answer
o Default judgment; voluntary and involuntary dismissals
– Later adding a claim or party to a suit classes 11-13
o Rules governing amendments to pleadings and simple joinder
o Jurisdictional requirements for joinder
o Simple joinder very important!!
o Ex: add the bouncer in the suit after initial proceedings have already begun?
– Personal jurisdiction classes 1-5
o Where does the court have PJ over the D
o Power of court to assert power and jurisdiction on that person
§ What state can the suit be filed
o Due process clause
o Full faith and credit clause
§ Only time states must follow is when the state making the judgment had PJ
o Ex: Does Michigan court have power to bind the bar to her suit?
– Subject matter jurisdiction classes 5-6
o Where does the court have SMJ?
o State or federal court, which lawsuit does the lawsuit all in?
o Federal courts have a limited jurisdiction
§ Only decide cases if there is a federal question or if there is a diversity of citizenship.
o EX: say that Michigan cannot hear the case, which court in Florida?
§ She might sue in federal court, must determine whether federal courts have jurisdiction
– Which federal court class 7
o What is the venue the case can be heard in?
o Question of venue
§ Multiple court that have both PJ and SMJ, use the statutes in state to find out where to file.
o Governed by statute
– Which law applies to the action- state or federal class 8
o Erie railroad
o Application of the Erie doctrine
o Ex: she will sue for assault and battery, a tort, and probably state law. But, must use the doctrine to settle the conflict of law.
– Example:
o Jennifer is a student at Cooley and lives in Michigan.
o Goes to Fort Lauderdale over spring break, visits the “Gecko Bar”.
o Gets into a fight with bouncer of Gecko Bar, and she and her friends are thrown out.
o Jennifer gets hurt in the altercation.
She wants to sue the bar, not the bouncer
What three things must a court have in order to be competent to adjudicate a claim?
– PJ, SMJ, and venue
– Must have personal jurisdiction, subject matter jurisdiction, proper venue, AND, separately, service must be proper.
Pleadings
– A document filed with the court that states a party’s claim or the defense to that claim.
– Purposes of pleadings are to givenoticeof claims and defenses to other parties and the court.
– Pleading are not proof/evidence- allegations only
– A party is generally required to plead whatever the party is required by the law to prove in order win the case.
[2] File a response (motion responding to complaint).
Pleadings:
– Rule 7:forms of pleadings
– Permissible pleadings (all of these are pleadings) that may be filed in federal court:
o [A] Complaint
§ Complaint Filed by P, and asserts their cause of action
o [B1] Answer
§ D answers the complaint
o [B2a] Answer to a Counterclaim (must be with the answer)
§ D can include in their answer, a counterclaim, which is a allegation against the P, that’s already an adversary
§ [B2b] answer to Cross claim- D sues party that’s in the case, but is not already an adversary. Like a complaint.
o [B3] Answer to a Cross claim
o [C] A Third-Party Complaint
§ D in the lawsuit bring in another party that was not a D
o [D] A Third-Party Answer
o [E] If the court orders one, a Reply to an Answer
– Rule 8(a): Content of pleadings (necessary)
– A pleading that states a claim for relief must contain:
o [1] A short, plain statement providing the grounds for the court’s jurisdiction (unless the court already has jurisdiction and the claim needs no new jurisdictional support). Why you are in that court (PJ, SMJ, venue). jurisdiction statement
o [2] A short, plain statement of the claim showing that the pleader is entitled to relief. what being sued for
§ Elements of the law
o [3] A demand for the relief the pleader seeks. statement for relief.
§ I want $ (“monetary relief”), I want injunction, or I
on evaluates the legal sufficiency of the pleadings. It assumes they are true, then decide if it is a good cause of action?
o Claim must be plausible on its face. Must be more than a “sheer possibility” that defendant has acted unlawfully.
o Two Step Analysis for 12(b)(6) Motions: read complaint and:
§ [1] Identify allegations in Complaint that are “merely conclusory” and disregard them – these are not entitled to presumption of truth. So, strike down these sections, like they are not there.
§ [2] Review the well-pleaded factual allegations that remain and determine whether they plausibly give rise to an entitlement to relief.
Motion for More Definite Statement Rule 12(e) Motion to order P to state a more definitive statement of the claim
Motion for Judgment On the Pleadings
o 12(c) motion usually after pleadings, but can be pre-answer.
o Based on the info, the party is entitled to judgment as a matter of law. Something in pleading makes it so you win, as a matter of law.
o Ex: barred by SOL, no need to argue
Motion to Strike
o Parts of the complaint are struck down if they
o [a] When party asks for cannot be done or
§ Ex: punitive damages under breach of K. Cannot do this, so motion to strike.
o [b] Only in complaint to be mean/nasty and have nothing to do with the litigation.
Rule 12(b) Defenses
– Under Rule 12(b), all defenses must be asserted in the first responsive pleading. However, seven defenses may alternatively be made by pre-answer motion: pre answer motion under 12(b). Defenses raised in a 12(b) motion before an answer.
– Can only raise one pre-answer motion, one only. (normally raise all the defenses, so they don’t get waived)
o Lack of subject matter jurisdiction
o Lack of personal jurisdiction
o Lack of Improper venue
o Insufficiency of process (document itself)
o Insufficient of service of process (how the paper was delivered)
o all above are waived if not raised right away 9first things, nothing can be raised before them)
o Failure to state a claim upon which relief can be granted
– Defenses of failure to state a claim, lack of subject matter jurisdiction, and failure to join a necessary party are not waived by their omission from a pre-answer motion.
o Can object to subject matter jurisdiction any time before final judgment.
o Other non-waivable defenses can be asserted in any pleading, by motion for judgment on the pleadings, or at trial.
