SUPER OUTLINE BLAIR CIV PRO I
Class notes, Power points, outlines, handouts, charts, narratives, problems worked in handout and casebook.
See TWEN Memo for Exam taking for Blair
-Diverse citizenship (Issue)
What is a tort?
a. A civil wrong (in the way the law has tried to objectify it) for which the law provides a remedy.
i. To be wrongful, an act must fit into one or a combination of the 3 traditional theories of
Civil Procedure Final Outline
Federal Court - complaint.
Oklahoma courts - petition.
Response is always and Answer
State the elements of the claim
Why pleading party is entitled to relief
Demand or prayer for relief.
NOTICE, DUE PROCESS, AND SERVICE
Commencing an Action
A civil action is commenced by filing a complaint
with the court
required as long as it occurs w/in 120 days
after complaint is filed (4(m)
tolls statute of limitations in fed Q J
Civil Procedure I - Blair
Civil procedure - study of procedural rules for civil cases
Goal is to provide relief
Litigation - dispute resolution through the public court system (rather than
arbitration, mediation, se
/CIVIL PROCEDURE I
ORDER OF A LAWUIT:
1) WAS THERE AN INJURY OR A WRONG DONE?
2) SHOULD THE PLAINTIFF SUE?
Does the Law provide relief?
Is there a good probability of winning?
What will the lawsuit cost?
Can you collect a judgme
Rule 4- Summons
Rule 4(a) form 4(b) issuance of summons
Rule 4(c) (1) A summons shall be served together with a copy of the
complaint. The plaintiff is responsible for service of a summons and
complaint within the time allowed under subdivision (m) and sh
a. Prima Facie Case Requirements at Common Law
i. Publication of a [false] statement about P (colloquium) injurious to Ps
reputation in the eyes of the community
1. At common law, the state
Civil Procedure 1 OUTLINEBLAIR; FALL 2007
a. Goals of a Procedural System (FRCP Rule 1)
i. Fairness: Access to information, Joinder, Leads to settlement
ii. Efficiency: without undue cost or delay
b. Adversary System: truth is best determined thr