Civil Procedure Outline

Civil Procedure Outline - INTRODUCTION TO CIVIL PROCEDURE...

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I NTRODUCTION TO C IVIL P ROCEDURE Professor Biblowit St. John’s University School of Law Fall 2002 Overview of a Civil Procedure Problem 1. Personal Jurisdiction 2. Venue 3. Subject Matter Jurisdiction 4. Applicable Law 5. Pleadings 6. Discovery 7. Adjudication Without Trial 8. Trial Procedure 9. Multi-Party and Multi-Claim Litigation 10. Former Adjudication General The Goals of Civil Procedure: Minimize Costs Limit parties to relevant presentation Terminate controversies Eliminate some unfair advantages one party may have over the other Federal Rules of Civil Procedure, Rule 1: “[These rules] shall be construed and administered to secure the just, speedy, and inexpensive determinations of every case” – there is an inherent conflict between “just” and “speedy and inexpensive” Characteristics of Modern Procedure: System is built on several sources: constitution, statutes and common law Procedure is the field for lawyer’s strategy Divided judicial power (between courts and between judge and jury) Ethical obligations and constraints System of pleadings Broad, but not unlimited, joinder of parties Broad discovery process Full trial/truncated procedure struggle Limited appellate review Adversary System places the responsibilities on the parties for bringing the suit, defining the issues and deciding on what evidence to use Disputes may be resolved by Self-help Negotiations Jeff Goland Page 1 5/13/2009
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Alternative Dispute Resolution – arbitration or mediation Administrative Agencies proceedings (subject to court review) Litigation (courts) 1. Personal Jurisdiction For the decision to be enforceable the court must have “personal jurisdiction” or “jurisdiction over parties” D must have minimum contacts with the forum state (federal or state court) – and – D received notice and opportunity to be heard to satisfy the constitutional due process requirement Analytic scheme In order to exercise the jurisdiction over a defendant a forum state must have either Power – flowing from the kind of relationships between the defendant and the forum state (minimum contacts analysis) – or – Defendant’s consent (prelitigation agreement or by waiver) – and – D must receive some form of notice Pennoyer v. Neff, (1877) Established the principle that plaintiffs may not simply bring the suit wherever they choose (well, they can, but the judgment will be unenforceable) Constitutional requirement – judgment without jurisdiction will violate 14th Amendment due process: fair procedure includes limits on the place of the suit Pennoyer approach is rather formal and simple – “must be there” In Personam – jurisdiction over persons One must personally serve D with process within the borders of the forum state In personam jurisdiction is applicable to all D’s assets – suit on the judgment
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Civil Procedure Outline - INTRODUCTION TO CIVIL PROCEDURE...

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