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Unformatted text preview: 1 CIVIL PROCEDURE - 1 TEXT BY YEAZEL © Stephen Hunt, Jr. I. AN OVERVIEW OF PROCEDURE PRECEDENT: a rule of law applied to relevant facts for purposes of decision in a case by a majority of the court. Pure Diversity—all parties on one side of v. are from a different state that all parties on the other side Minimal Diversity—At least one of the parties from different state from those on the other side of v. Interpleader does not require pure diversity only min div. Cross claim- answer is on same side of v. A sues B &D. then B sues D. Counterclaim—A sues B, B sues A. Substantive laws—rules used to decide a case Procedural laws--- rules governing how to bring a case A. The Idea and the Practice of Procedure 1. A SURVEY OF THE CIVIL ACTION: Background: * Civil Procedure deals with procedural ?’s presented in civil suits * most distinctive element is adversary system - parties have almost total responsibility for beginning suit, shaping issues, and producing E, Ct takes almost no role. * reasons why: ! truer decision reached because of contest directed by interested parties ! parties involved should bear major burden of time/effort required ! setting sides makes easier the type of yes/no decision needed in a suit ! dispute resolution better handled in hands of involved parties # test of a good system of procedure: a does it tend to the just and efficient determination of legal controversies? NOTE : Trial courts do not establish precedent. Court only establishes precedent in a set of facts. Precedent is the rule of law that the court applies to the legal issue for decision. B. Where Can a Suit Be Brought? 1.2 Where can the lawsuit be brought? Should the lawsuit be brought in a State or Federal Court? What determines the decision regarding which Court to utilize? Outline of Procedure in a Suit: 1. Selecting Proper Court: ! ct selected must have jurisdiction over subject matter and jurisdiction over the parties # in personam & subject matter a need subject matter first, ct has to have ability to hear case and then ability for service or process a ∆ cannot consent to subject matter jurisdiction., but CAN waive personal jurisdiction. ! State Courts: # system of general jurisdiction # ct can hear any case other than those specifically exempted via US/State constitution or statutes a state courts of limited jurisdiction are limited by subject matter # general jurisdiction court’s: organized into districts over several counties # inferior jurisdiction court’s: handle only smaller claims, i.e. municipal, traffic, etc. # appellate jurisdiction court’s: reviews decisions of lower courts ! Federal Courts: (section 1331 & 1332) “the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” (1331) 1) matter in controversy exceeds $75,000 2) case is b/t citizens of different states 3) case is b/t a state citizen & an alien, or citizen of a foreign state basis for jurisdiction comes from the constitution; Congress uses constitution to empower fed. Courtsbasis for jurisdiction comes from the constitution; Congress uses constitution to empower fed....
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This note was uploaded on 04/03/2008 for the course LAW Civ Pro I taught by Professor Colangelo during the Spring '08 term at SMU.
- Spring '08