CIV_PRO OUTLINE - Ides& May 2d edition

CIV_PRO OUTLINE - Ides& May 2d edition - Unit I :...

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Unformatted text preview: Unit I : whether case could be filed in Fed. D. Ct PJ- Service of Process SMJ original J. over state claim (Fed. Q 1331, then under 1367 supplemental J; Diversity J 1332, then 1367)- Removal J Venue transfer: convenient forum Unit II : what law must a Fed. Ct apply to a state law claim? Erie and RDA subst. federal law vs. subst. state law Track I Track II Track III Unit III : what procedures govern litigation of this lawsuit that is filed in a fed. Ct? What requirements must a P observe to properly plead the law and facts in a complaint?- in a fact/code pleading jurisdiction? specificity in stating the law (reference to c/a) and facts that support each element of the c/a- In a notice pleading jurisdiction? short and plain statement of complain to give a D a notice that the complaint has been filed and what is the c/a: S&p statement of facts; S&p statement of law Relief sought What options does a D have in response to a complaint?- What requirements must the D observe in order to properly respond to the complaint? In an answer? In a responsive motion? What claims and which parties may be joined, or must be joined, in a lawsuit? What facts regarding the lawsuit are discoverable, and through what mechanisms can they be discovered? Under what circumstances are claims or issues decided within a judgment prohibited from being raised in subsequent litigation? Personal Jurisdiction what court has a power over the parties in the case; over the subject matter of the suit. Venue when there is a choice to file a case in the state or federal court, in terms of territorial factor (location). Subject matter jurisdiction does the court have the power to hear that kind of subject claim. Diversity jurisdiction claimants from different states, and the claim is based on the state law what court to file the claim in? Pleading the way to communicate with the court: complaint, motion, summons (return of service), response to the complaint (answer, motion to dismiss, summary judgment) 1 Additional pleadings: answer (denial of allegations) , counter-claim. When the material facts arent in dispute, judge will apply the law trial is not necessary. Civil procedure documents and mechanisms that guide the civil litigation process. Substance of law deals with rights and duties of the individuals; procedure process the individuals have to go through to resolve the dispute, to safeguard those rights and duties (in fair, economical and effective way) safeguarding and enforcing substantive law. Primary judicial structures within which procedure operates (multiple) courts Sources of civil procedure : 5 th and 14 th Amendments of the Constitution (notice and opportunity to be heard); Art. III, Sec. 1: the judicial power of the US shall be vested in one Supreme Court, and in such inferior courts as the Congress may form time to time ordain and establish....
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CIV_PRO OUTLINE - Ides& May 2d edition - Unit I :...

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