Civil Procedure Outline

Civil Procedure Outline - Nancy Donovan Civil Procedure...

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Unformatted text preview: Nancy Donovan Civil Procedure Outline Prof Sovern Fall 2000 I. INTRODUCTION The purpose underlying the establishment of most rules of civil procedure is to promote the just, efficient, and economical resolution of civil disputes. Does the court have jurisdiction (the ability to hear a case)? SUBJECT MATTER & PERSONAL are needed to hear a dispute Is the venue proper? In a case in federal court, do we apply federal or state law (Erie Doctrine) Stages of a Trial: Pleadings Discovery Motions Res Judicata Definitions: o Adjudicatory Authority- characteristics cases must possess to be heard by the court. o JURISDICTION (to speak the law) is the maximum power that the state can exercise (power of the state). o COMPETENCE is the power the state has chosen to give a specific forum (power of the court). o Personal Jurisdiction- jurisdiction over the parties refers to whether the ct has jurisd to decide a case btw the particular parties, or concerning the property , before it. o Subject Matter Jurisdiction- refers to the cts power to decide the kind of case before it; jurisdiction over the dispute . II. SUBJECT MATTER JURISDICTION Overview: May not be conferred by consent, nor can its absence be waived Objection based on (the absence of) subject matter jurisd may be raised at any time. Judgment rendered without it is invalid and can be collaterally attacked Must be pleaded and proven by the wishing to invoke by an affirmative showing at the outset The ct is under a duty to see to it that the jurisd, which is defined and limited be statute, is not exceeded Federal cts have limited SMJ (and should be construed narrowly so that it is not extended beyond its proper bounds); they can only hear certain types of cases: Types- 1. Diversity 2. Federal Question 3. Supplemental 4. Removal US Constitution Art III Sec. 2: The judicial power of the fed cts extends to all cases arising under the Constitution, the Laws of the US, and Treaties made (federal question jurisdiction ) to controversies to which the US is a pty;-to controversies btw two or more states;-btw a State and Citizens of another State;- btw Citizens of different States (diversity of citizenship jurisd) o A federal ct can hear only those cases described in Art. III (outer limits, possible range of power/ permissible scope of fed jurisdictional power). And only to the extent that Congress has by statute enacted the limited power contained therein (Congress has no power to extend SMJ beyond the list in Art III, some power granted, but not all; actual scope governed by relevant jurisdictional statutes by Congress). And limited by the extent of the construction given by the Supreme Ct to the jurisdictional grant of power given to the lower fed cts by Congress....
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This note was uploaded on 02/15/2008 for the course LAW 1000 taught by Professor Minda during the Fall '06 term at St. Johns Duplicate.

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Civil Procedure Outline - Nancy Donovan Civil Procedure...

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