CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION - PowerPoint PPT Presentation

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CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION

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Title: CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION


1
CIVIL PROCEDUREFALL 2003 CLASS 3
(8/29/03)STAGES AND ESSENTIAL CONCEPTS OF A
CIVIL ACTION
  • Columbus School of Law
  • The Catholic University of America
  • Professor Fischer

2
WRAP-UP OF CLASS 2 of August 27 2003
  • Important concepts Difference between
    civil/criminal cases, difference between
    procedure/substantive law, parties, remedies,
    joinder
  • U.S. court system state and federal courts
  • Tips for studying law

3
STAGES/ESSENTIAL CONCEPTS OF A CIVIL ACTION
  • Well look at essential procedural concepts and
    mechanisms for 3 broad stages of a civil action
    in federal district court.
  • I. PRE-TRIAL
  • II. TRIAL
  • III. POST-TRIAL

4
I. PRE-TRIAL PROCEDURE
  • 1. CAUSE OF ACTION
  • 2. JOINDER OF CLAIMS
  • 3. JOINDER OF PARTIES
  • 4. JURISDICTION
  • 5. VENUE
  • 6. PLEADING
  • 7. DISCOVERY
  • 8. PRE-TRIAL ADJUDICATION

5
1. THE CAUSE OF ACTION
  1. COGNIZABILITY
  2. CAUSE OF ACTION
  3. ELEMENTS OF A CAUSE OF ACTION

6
COGNIZABILITY
  • HYPOTHETICAL Sidra despises the color burgundy.
    Her neighbor, Howard, drives a burgundy BMW.
    Sidra wants to sue Howard to force him to drive a
    different colored car.
  • DOES SIDRA HAVE A LEGALLY COGNIZABLE CLAIM
    AGAINST HOWARD?

7
ELEMENTS OF THE CAUSE OF ACTION
  • E.G. ELEMENTS OF THE TORT OF BATTERY
  • 1. Intentional and
  • 2. Unwanted Touching
  • To obtain a remedy in a civil action for battery,
    Andrew must prove ALL of these elements by a
    preponderance of the evidence

8
2. JOINDER OF CLAIMS
  • FRCP 18 for rules on joinder of claims - A can
    bring as many claims as he has against G even if
    the claims are unrelated!

9
3. JOINDER OF PARTIES
  • See FRCP 20 for rules on PERMISSIVE JOINDER
    same transaction or occurrence test
  • See FRCP 19 for rules on JOINDER OF NECESSARY
    PARTIES
  • More complex joinder rules FRCP 22
    (INTERPLEADER), 23 (CLASS ACTIONS), 24
    (INTERVENTION)

10
4. JURISDICTION
  • The court must have both
  • A. PERSONAL JURISDICTION and
  • SUBJECT MATTER JURISDICTION

11
A. PERSONAL JURISDICTION
  • The U.S. Constitution permits a states courts to
    exercise personal jurisdiction over a D if
  • D has such MINIMUM CONTACTS with the state that
    it would comport with due process to require D to
    defend a lawsuit in that state AND
  • The state legislature has not enacted any
    additional limits to personal jurisdiction under
    LONG-ARM STATUTES.
  • Remember there may be more than one court that
    can lawfully exercise personal jurisdiction over
    a given Defendant

12
B. SUBJECT MATTER JURISDICTION OF FEDERAL COURTS
IS LIMITED
  • Article III of the U.S. Constitution requires
    Congress to limit the jurisdiction of federal
    courts
  • Congress has enacted statutes granting limited
    subject matter jurisdiction to federal courts
    (e.g. 28 U.S.C. 1331 (federal question), 1332
    (diversity))

13
5. VENUE
  • Even if there is personal jurisdiction, there is
    a further question where within a state can a
    case be brought?
  • Congress has enacted federal venue legislation
  • There are also statutory venue rules for civil
    actions in state court

14
6. PLEADING
  • How do the parties frame their cases?
  • A. Complaint
  • B. Answer
  • C. Counterclaim
  • D. Third Party Claim (Impleader)
  • E. Cross-Claim

15
7. DISCOVERY
  • What information can one party obtain from
    another party to the litigation?
  • E.g. INTERROGATORIES (see CB 1079), DEPOSITIONS
    (see CB 1083), REQUESTS TO INSPECT/COPY DOCUMENTS
    (see CB 1077)
  • See FRCP 26-37
  • Importance of district court rules and individual
    judges rules

16
8. PRE-TRIAL ADJUDICATION
  • Not all actions go to trial!
  • Contrast with settlement
  • MOTION to DISMISS Complaint (FRCP 12(b))
  • MOTION for SUMMARY JUDGMENT (FRCP 56)

17
II. TRIAL
  • 1. RULES FOR CONDUCT OF TRIAL
  • 2. ADJUDICATION BEFORE THE END OF TRIAL
  • 3. BURDEN OF PERSUASION

18
III. POST-TRIAL
  • 1. ENFORCEMENT OF JUDGMENT
  • 2. POST-TRIAL MOTIONS AFFECTING JUDGMENT
  • 3. APPEALS
  • 4. BINDING EFFECT OF JUDGMENT

19
SUMMARY
  • Todays class was an overview of the stages and
    essential concepts of a civil action I. PRE-TRIAL
    II. AT TRIAL and III. POST TRIAL.
  • Not every action will reach every stage or
    involve every concept discussed today
  • We will flesh out these concepts and procedural
    mechanisms later in the course so dont worry if
    youre a little confused at this point.
    Everything will come together as we proceed!
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