CivPro Outline - BASIC CIVIL PROCEDURE I PROFESSOR DEVLIN...

BASIC CIVIL PROCEDURE I
PROFESSOR DEVLIN
FALL 2006
I) INTRODUCTION
A) Civil case goals
i) Fairness – making the party ‘whole’
ii) Efficiency – rendering a decision using as little time and money as is appropriate
iii) Truth
iv) Social acceptability
v) Social Goals
vi) Note that these goals may conflict with each other.
B) Sources of law (procedural)
i) Constitution
ii) Statutes
iii) Codified rules (Federal Rules of Civil Procedure – same weight as statutes)
iv) Case law (Judicial precedent)
v) Local rules
II) HOW TO GO ABOUT FILING A COMPLAINT
A) Civil litigant determines whether she has a claim, and if so, against whom, through the substantive
law – civil procedure provides the vehicle for attempting to vindicate rights created by substantive
law
B) Turn in the paperwork – file the complaint
C) Pay the fee
D) Paperwork is day/time stamped
E) Get your case docket number
III) SUBJECT MATTER JURISDICTION
*** Start of by talking about why federal SMJ is limited and what two elements are needed for federal
SMJ.
A) Why federal courts should hear certain cases
i) Uniformity of application of federal laws
ii) Neutrality
iii) Avoidance of state bias
B)
Two questions to ask :
i) Does the case fall under Article 3 of the Constitution?
ii) Does Congress have a statute providing for federal jurisdiction?
C) Federal subject matter jurisdiction can be established in one of two ways:
i) Diversity of citizenship AND the requisite amount in controversy
ii) Federal question jurisdiction
D)
US Const. Article 3 – Federal Judicial Power – creates Supreme Court and provides Congress with
the power to create lower courts “as it sees fit”
i) All cases arising under the Constitution
ii) Treaties made under US authority
iii) Cases affecting ambassadors, other public ministers, and consuls

iv) Cases of admiralty or maritime
v) Controversies to which the US is a party
vi) Between two or more states
vii) Between state and citizens of another state
viii)Citizens of different states
ix) Between citizens of the same state claiming lands under grants of different states
x) Between a state, or the citizens thereof, and foreign states, citizens or subjects
E)
Rule 12(h)3 – Motion to dismiss based on lack of SMJ, can be brought up at any time. If the court
finds a lack of SMJ, even if a decision has been rendered, it is void for lack of SMJ.
F)
Subject Matter Jurisdiction – jurisdiction over certain cases or disputes
i) Limited Subject Matter Jurisdiction – federal courts, can only hear certain types of cases, as
prescribed by the US Constitution and federal statutes
ii) General Subject Matter Jurisdiction – state courts, can (with rare exceptions) hear any
cognizable claim
iii) Concurrent Subject Matter Jurisdiction – when the case satisfies the SMJ of both the state and
federal courts, the plaintiff decides in which court to file
G)
US Const. Article 6 – Supremacy Clause – If federal law and state law conflict, the federal law
preempts the state law
H)
Supplemental Jurisdiction