Pillard Civ Pro

Pillard Civ Pro - TABLE OF CONTENTS 1. Timeline 2. Values...

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TABLE OF CONTENTS 1. Timeline 2. Values embodied in rules 3. Due process 4. Economics and morality of relief A. Injunctions B. Damages C. Declaratory relief D. Attorney’s Fees E. Costs 5. Choice of Appropriate Court A. Subject Matter Jurisdiction 1. Federal Question jurisdiction 2. Diversity Jurisdiction 3. Supplemental Jurisdiction a. Pendent Jurisdiction b. Ancillary Jurisdiction c. Pendent Party Jurisdiction B. Personal Jurisdiction 1. PJ flow chart 2. PJ based on stream of commerce 3. PJ based on presence of d’s property 4. PJ based on personal service in forum state 5. General PJ C. Venue D. Notice 9. Choice of law A. Erie B. Hanna C. Conflict w/ Rules D. Conflict w/ Statutes E. Conflict w/ Constitutino 10. Forms and papers of litigation A. Pleadings 1. Complaint 2. Sufficiency – heightened pleading 3. D’s response a. Answer b. Affirmative defenses 4. Amendments to pleading B. Sanctions 1. Rule 11 C. Joinder D. Counterclaims
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E. Cross-claims F. Third Party 11. Discovery A. Sanctions 12. Resolution of case A. By jury B. Summary Judgment C. ADR D. Voluntary Dismissal E. Judgement as matter of law F. JNOV G. Preclusion 1. Res Judicata 2. Collateral Estoppel TIMELINE 1. Complaint (roadmap) 2. Rule 12b (anytime) 3. Answer 4. 12c (motion for judgment on pleadings) 5. Discovery (supplies) 6. MSJ (inventorying supplies) 7. Trial 8. Motion for judgement as matter of law 9. Verdict 10. JNOV VALUES EMBODIED IN RULES A. Simplicity (clarity, non-technicality) 1. E.g., automatic disclosure in discovery (26) B. Efficiency 1. Eg, rule 11
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a. Pre-1983 rule was efficient b/c it was never used b. 1983 rule created inefficiencies b/c incentives to use a lot C. Fairness 1. Eg, pre-2000 discovery: parties used to have to disclose ALL relevant info which made parties responsible for anticipating what adversary might think is relevant after 2000 amendment: you only had to disclose info you planned to rely on. D. Accuracy 1. we don’t insist on ultimate accuracy at all costs b/c we balance it against effic very important in procedure to know who has burden, and what is default state a. Eg, coming forward in connection w/ rule 56 1. Adickes #2 requires moving party (usually d) to come forward and negate non-movant’s claim 2. Celotex requires movant only to SHOW non-movant failed to establish a claim; then non-movant has to establish claim. b. Who bears burden usually reflects who’s in wrong, but also transaction costs E. Consistency F. Legitimacy (public acceptance) G. User friendly H. Administrability (from court’s perspective) 1. Eg, discovery: a lot of it takes place w/o court 2. Eg, sarah creek’s point about market deciding damages rather than court 3. Eg, private decision-makers (ADR) 4. Eg, sequencing (what you can do in advance of time-consuming and expensive 5. process of discovery, and what you can do afterward) 1. Transaction fees A. big thing for Pillard 2. Framework for evaluating rules/procedures A. Strategic 1. Who does it help/disadvantage? (Plaintiff, def., judge)
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Pillard Civ Pro - TABLE OF CONTENTS 1. Timeline 2. Values...

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