Civil Procedure - Michael R. Ertel Civil Procedure...

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Michael R. Ertel Civil Procedure Professor Cavanagh Treatise : Wright, Federal Courts. The Federal Rules of Civil Procedure govern the mechanics of how federal courts operate regarding “private (civil) cases”. [Not for criminal cases.] The adjudicatory process that the FRCP regulate has 3 main functions : (1) To bring a peaceful end to legal disputes (2) The court decides who is right and who is wrong, and provides state-enforced relief. This ensures that corrective measures are taken to remedy the wrong. (3) The courts (a) apply the law and (b) enunciate the law. They make and develop the law as they go along. The FRCP are designed to serve these principle functions (1) JUSTLY (2) SPEEDILY and without (3) UNDUE EXPENSE. Justiciability (A) Tells what parties can bring what suits : (1) Federal courts are courts of limited jurisdiction . (2) You have no right to have your case heard in federal court. (3) A federal court may only entertain cases and controversies : The federal court may not consider: (a) political disputes (b) moot points (c) advisory opinions (d) wagers (e) cases that have no judicial controversy (not ripe for adjudication) (B) Standing : A threshold question that determines the right of a party to sue. (1) In order to be a party to a lawsuit, the controversy must directly affect this D and this P. (a) Injury must be “direct and immediate” to this P. (b) Both parties must have a stake in the lawsuit (controversy). (c) Parties cannot collaborate in a fictitious suit to test or change a law (must be genuine). (d) Only parties directly affected can sue. (Parties must be appropriate people in the right position) “You cannot sue Monica Lewinsky because your feeling were blown away by her actions.” “Conscientious protestors to wars cannot sue.” Jurisdiction In order for a court to hear a case, it must have jurisdiction over the controversy (the power to speak the law). Improper jurisdiction will poison a judgment, will render it null and void. A court must have both subject matter jurisdiction and personal jurisdiction. SMJ: Cannot be waived; Raised any time (even by court); w/o it, judgment is invalid. Personal Jurisdiction: Can be waived; Raised only at beginning; w/o it, judgment is valid. 1
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Michael R. Ertel Civil Procedure Professor Cavanagh Subject Matter Jurisdiction (“SMJ”) Can you sue in State or Federal court? Does the court have the power to hear this kind of case ? Only a problem in federal courts since most state courts have “general” jurisdiction (minor exceptions: patent, admiralty, etc…). (1) SMJ may not be conferred by consent of the parties. (a) Objections to SMJ can be raised at any time during the trial (even by the court). (2) Judgments rendered w/o SMJ are invalid.
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Civil Procedure - Michael R. Ertel Civil Procedure...

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