Civil_Pro_Outline_2 - 2007 Civil Procedure List as Per...

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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
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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.) Federal Question Cases – actions arising under the Const. or treaties of the US b.) Diversity Cases – cases where there is diversity of citizenship between parties c.) Cases in which the US is a party Essential Elements of a Complaint? (JCD) a.) J urisdiction – must show why court has jurisdiction b.) C laim c.) D emand for judgment – demand for relief Sources of Law?
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