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Civil_Pro_Duru_Spring06[1] - Civil Procedure Outline I...

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Civil Procedure Outline I. INTRODUCTION TO CIVIL PROCEDURE 1. Assignment One: a. Common Law: i. Our legal system is an adversary one. ii. No case is brought unless a lawyer brings it iii. Total responsibility is placed on the parties to the controversy for beginning suit, for shaping the issues, and for producing evidence. b. Civil Law i. System is inquisitorial ii. Judge question and examine witnesses, as well as specifically ordering certain fact finding. c. Outline of the Procedure in a Civil Action i. Lawsuits don’t begin themselves, someone must decide to sue: ii. Factors to consider: 1. Whether the grievance is one for which the law furnishes relief. 2. The probability of winning a lawsuit 3. Whether what is won will be worth the time, effort, and money 4. Whether there are risks not directly tied to the suit. 2. Assignment Two: a. Opportunity to be heard: i. Goldberg v. Kelly 1. Held that the recipient of government-funded public assistance is entitled under the Due Process Clause to “the opportunity for an evidentiary hearing prior to termination” of benefits. 2. Court was concerned with the little guy. a. Huge win for the non-wealthy in this country. b. Federal Jurisdiction i. District Level Eastern District of Pennsylvania 1. Only binding in specific district ii. Circuit Level 3 rd Circuit 1. 1-11 are regional, there is a DC Circuit, and a Federal Circuit (topical based) 2. Decisions made in Circuit Courts do not bind Supreme Court or sister Circuits… persuasive opinions, but not dispositive. iii. Court of Last Resort US Supreme Court 1. Not obligated to take your appeal, will usually only take national scope or a circuit split. 2. These cases have universal applicability. c. When to look at federal jurisdiction:
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i. helps to determine an instinct about why a case acme out a certain way. ii. Judges are impacted by the ideologies of the present day iii. Look at court composition. d. Context – What to Consider i. Jurisdiction ii. Timeframe iii. Vulnerability e. Fuentes v. Shevin : US Supreme Court, 1972 i. Instant facts: 1. Fuentes, P, and other debtors challenge the constitutionality of Florida and PA statutes allowing seizure of goods covered by an installment sales contract w/o providing an opportunity for the debtor to be heard prior to the seizure. ii. Black Letter Law: 1. In order to comply with procedural due process, notice and an opportunity to be heard must be provided prior to seizure of any protected property interest. 2. Seizure of a protected property interest must be preceded by notice and an opportunity to be heard. iii. Writ of Replevin: 1. A writ obtained from a court authorizing the retaking of personal property wrongfully taken or detained. iv. Take in the interest of the buyer v. Parties whose rights are to be affected are entitled to be heard; and in order that they may enjoy that right they must be notified.
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