Civil Procedure Outline

Civil Procedure Outline - I. II. Initial Matters a....

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Initial Matters Distinction difficulty: do you have a right if you can’t enforce it? Law and economics (Posner) How much are you willing to spend on procedures that reduce error? Balance---we don’t want to pay for all possible procedures. From an efficiency value point of view, you are balancing accuracy and cost. Value of process Dignitary values Attaching stigmas, etc. The right to speak, face accuser, go partly to this value Participation values Less person, more civic. Participating in the larger group enterprise. How a larger group of people should be treated Deterrent values System constrains people from harmful behavior. If trying to deter more than one behavior, can run into conflicts. Effectuation values Protecting an interest that has been wrongly invaded. Tyler’s procedural theory of justice is that people are willing to accept and view as fair outcomes that they view as unfavorable because of the process through which the outcome is derived. Property taken at gunpoint or in a civil trial. Counter-intuitive because we are used to thinking instrumentally, whereas his theory is relational. People are not simply self-interested; they also care about deferring to rules and authorities even when it is not in their immediate self-interest, because they care about their long-term relationship with the group. Winning Winning doesn’t mean anything if everyone doesn’t respect the system by which it was one. Winning relies upon the legitimacy of the larger dispute-resolution system. We all have a stake in having a legitimate system, especially in a world with a lot of diversity and few resources. Accuracy doesn’t always matter. We only want accuracy when the truth is going to really matter, not conflict-of-interest cases. Who is going to bear the burden of uncertainty? Chocolate chicken : a parable about trying to get buy-in to a procedural system P ERSONAL J URISDICTION Concerns circumstances under which a court has authority to make decisions binding on these particular parties Concerns the ower of the court to hear a case against the DEFENDANT. Why not from the point of view of the plaintiff? Because it is the plaintiff that files, and implicitly consenting to the power of the court to be bound by its ruling. Pennoyer MITCHELL v. NEFF First case: Mitchell v. Neff; Oregon State Ct. Mitchell wants to recover atty fees in the amount of $253. Was personal jurisdiction met in the Oregon state court? YES (But this is against DP) NEFF v. PENNOYER Neff sues Pennoyer for eviction in Federal District Court. Neff wins. Neff wins on a collateral attack because Mitchell’s victory was improper – he didn’t properly file the affidavit. He did not adequately describe how he was searching for Neff. Collateral Attack
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This note was uploaded on 04/30/2008 for the course LAW Civ Pro taught by Professor Pillard during the Fall '07 term at Georgetown.

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Civil Procedure Outline - I. II. Initial Matters a....

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