Civil_Pro_Outline_2

Civil_Pro_Outline_2 - 2007 Civil Procedure List as Per...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
2007 Civil Procedure List as Per Professor Taylor 3 Values of FRCP? a.) Do not elevate form over substance b.) Designed to get to merits c.) Designed to avoid surprises Federal Courts Predicated on Three Values? a.) Substantial Justice – not to play procedural games b.) Merits – courts want to get to merits (speedy) as soon as possible c.) No Surprises – people are well rehearsed Disclosing the Matters in Dispute: a.) Pretrial i.) Pleadings ii.) Discovery ***Pre-Trial Conference b.) Trial i.) Choice of jury – voir dire – 3 preemptory (no cause), unlimited (w/cause) ii.) Opening statement for P iii.) Opening statement for D iv.) P presents case v.) D may move for directed verdict vi.) Defense presents case vii.) P may move for directed verdict (or both could if at end of all evidence) viii.) Rebuttal by P ix.) Rejoinder by D x.) 8/9 can keep going c.) Post Trial d.) Appeal 3 Things Plaintiff Must Take into Account When Choosing a Court? a.) P is always concerned w/personal JD b.) P is always concerned w/federal subject matter JD c.) P is always concerned w/the matter of the venue Can you name the pleadings? (CARATT) a.) C omplaint b.) A nswer c.) R esponse to a counterclaim d.) A nswer to a cross-claim e.) T hird party complaint f.) T hird party answer 8 Classes of Responses D can make to Ps complaint: 1.) These having nothing to do w/the complaint, respond to court or how it was brought b/f the court: a.) Lack of Federal Subject Matter JD b.) Lack of Personal JD c.) Improper Venue d.) Insufficiency of Process
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
e.) Insufficiency of Service of Process 2.) D looks at complaint and says so what: a.) Failure to state a claim which relief can be granted b.) Failure to join a party 3.) Admitting or denying each of averments or allegations of complaint: a.) General Denial - deny everything b.) Specific Denial – deny #1, affirm #2 c.) Qualified Denial – affirm and deny part of #1 d.) Denial w/out knowledge or info sufficient to form a belief as to the truth e.) Denial based on info and belief – “I have no first hand knowledge” 4.) D wishes to assert additional matters – affirmative defenses: a.) Accord and satisfaction b.) Assumption of risk c.) Contributory negligence d.) Duress e.) Statute of frauds f.) Statute of limitations 5.) Motion for a More Definite Statement 6.) D wishes to assert his own claim: a.) Counterclaim i.) Compulsory Counterclaim (CCC) ii.) Permissive Counterclaim (PCC) b.) Cross-Claim i.) P v. D1D2 c.) Third Party Practice (impleading) 7.) D motions to strike 8.) D does nothing Concepts of JD? a.) General vs. Special / Limited b.) Original vs. Appellate c.) Coordinate (between Feds and State) d.) Exclusive (Admiralty) Federal Courts are Limited JD? a.)
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/18/2008 for the course CIV PRO 001 taught by Professor Taylor during the Spring '08 term at Duquesne.

Page1 / 8

Civil_Pro_Outline_2 - 2007 Civil Procedure List as Per...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online