Taylor Civ Pro - Collin

Taylor Civ Pro - Collin - Colin Adair Morgan Section B 1st...

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Colin Adair Morgan 2/20/07 Section B 1 st Term Civil Procedure outline Professor “Fire martial bill” taylor I: Introduction and The Federal System A: There are 52 legal systems of justice in the United States 1: District of Columbia - 1 2: Federal Courts - 1 3: The 50 States - 50 B: The features of the “System” 1: The master body of law which governs each system 2: The System is organized hierarchically (lower courts up) 3: There is interaction between systems, States and Feds interact i: Federalism: The relationship between the state and federal systems 4: All of the systems are governed by shared interests, and personnel (lawyers and judges), and shared aims C: Procedural Law Regulation (CCRS: C onstitution, C ode, R ule, S tatute) 1: Federal: U.S. Constitution, Title 28, Federal and local rules, Federal and local statutes. 2: State: PA constitution, Title 42, State and local rules, State and local statutes. D: The Federal Court Hierarchy: 1: District Courts: trial courts, courts of first instance (3 in PA) 2: Circuit Courts: courts of appeals, intermediate appellate courts (13 circuits). 3: The Supreme Court: Appellate Court, does not have original jurisdiction. 4: Exam question from Spring 2001: If justices of the Supreme Court sue each other, who hears the case? E: Types of Jurisdiction: 1: Subject Matter 2: Limited: Federal Courts 3: General: State Courts (competent to hear cases that Federal Courts would normally hear) 4: In Rem 5: Quasi In Rem 6: In Personam: Don’t fuckin put this on his test he will fail you 7: Special 8: Concurring 9: Appellate: Courts of Appeals 10: Original: Wherever the case begins motha sucka 1
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II: Topic A. General Considerations: A: Claims for Relief Rule 8(a) Include (JCP): 1: J urisdiction: party must show the court why it has jurisdiction because the Federal Court is one of Limited Jurisdiction. 2: C laim 3: P rayer for Relief: party must demand judgment for relief B: Types of Laws: 1: Substantive: goal driven (the important stuff) 2: Procedural: method driven (the means by which the goal is achieved) III: Topic B. The Phases of a Lawsuit A: Section 1. Disclosing the Matters in Dispute 1: Pretrial i: Pleadings ii: Discovery iii: Pre-trial Conference 2: Trial 3: Post Trial 4: Appeal B: Stating the Claim: C: Defenses and Objections 1: A plaintiff must take three considerations into account when choosing a court: i: The plaintiff is always concerned with personal jurisdiction… but don’t fuckin say anything about it on the test. ii: The plaintiff is always concerned with federal subject matter jurisdiction , whether by federal question or on a diversity basis; and iii: The Plaintiff is always concerned with the matter of venue a: The place of the trial, “what door you walk through” says Taylor b: The Court can either dismiss or transfer the suit to the proper venue (28 USC 1391) 2: The Defendant has 2 options/routes when a complaint has been filed against him. i:
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Taylor Civ Pro - Collin - Colin Adair Morgan Section B 1st...

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