Civ Pro Midterm (Overview, Rules, Hawkins, and Pennoyer) Flashcards
Options where to file a case:
State courts
-General jurisdiction
Can litigate anything as long as parties have connections to that state, always an option if cannot file federal
-Smaller Jury pools
Award larger damages
-Elected judges (usually)
Political influence, may want to keep their jobs
Example: Unpopular Party
May cave to social pressures
Options where to file a case:
Federal Courts
Courts of Limited Jurisdiction
-Larger jury pool
Have more to work with
Award lower damages
-Tenured/Appointed Judges
Job Security
Don’t have political pressure/blowback
Discovery
Opportunity to collect evidence from your adversary
Includes electronic data, written response to a list of questions, and deposition (an oral examination allows the parties to know what responses to expect from a potential witness or adversary at trial)
Entitled to receive if asked correctly but need to know the correct manner of obtaining information
Summary Judgment
A motion filed, usually after discovery in complete, that argues that the evidence entitles judgement for the moving party (Rule 56)
Magic words:
There’s no genuine dispute as to any material facts, and the movant is entitled to judgment as a matter of law
Judgment
Memorialized the outcome of the case
After Judgment
The party who “lost” in the district court may file a notice of appeal
The notice of appeal identifies who is bringing the appeal, and what:
Judgement/ order/ decision is being appealed
Trial Symmetry
Each side has equal opportunity to present their side of the case
Each side after discovery identifies what admissible evidence will be
The judge rules on any procedural and evidentiary disputes, and the jury deliberates and decides the merits of the case
Trial Procedure
Opening statements (plaintiff, then defendant)
Plaintiff presents case by calling witnesses and producing documents, then defendant cross-examines plaintiff treats then vice versa, Plaintiff rests then vice versa
The jury is instructed, deliberates
Mid-Trial Motion to take from the jury (such as judgement notwithstanding the verdict motion)
Can avoid jury deliberating in cases when there is only one verdict supported by facts and law, saves time and costs, and thereby promotes judicial efficiency
If a party has the burden of proof and submits no evidence, the jury cannot find the party. If the jury does, then the judge may enter judgment as a matter of law
If the evidence reasonably supports only one verdict, and the jury reaches the opposite verdict, a court may enter judgement as a matter of law
Former Adjudication
Claim preclusion
You can bring a claim only once in any court, then you are precluded to bring that same claim in any court (res judicata)
Former Adjudication
Issue Preclusion
Bars re-litigation issues already decided in a court’s final decision (collateral estoppel)
Appeal
Final decisions
Only allowed to appeal final decisions– “ends the litigation on merits and leaves nothing for the court to do but execute judgment”
Purpose: cases would never end. Immediately appealing every adverse ruling would expend lots of resources. Also, some issues become irrelevant by the time final judgement is reached, so immediate appeals of moot issues would waste time.
Appeal
Discovery
Discovery orders are never appealable, because they are not final orders. Issues are still open to be resolved.
They are discretionary determinations by the district courts. Appeal process with discovery orders would case the cost to the judicial system to outweigh the few erroneous discovery orders that may be corrected.
Once a final decision is entered, a party can appeal any adverse order, including discovery. This avoids piecemeal appeals. The aggrieved party may file one appeal for all adverse district court orders they wish to challenge.
Appeal
Notice of appeal
must be filed in the district court
Rule 4(a)
Notify the defendant that a failure to appear will result in default judgment
Name the court and the parties
Be directed to the defendant
State the name and address of the plaintiffs attorney (or plaintiff if unrep)
Notify the defendant that a failure to appear and defend will result in a default judgement
Rule 4 (c)
A summons must be served with a copy of the complaint
Plaintiff is responsible for having the summons and complaint served within the time allowed by rule 4 and must furnished the necessary copies to the person
Use correct mailing under state law
Rule 8(b)
An answer
Rule 11 (a)
Signing
Every paper must be signed by at least one attorney of record
Rule 11 (b)
Representations to the court
Requires attorneys or parties to certify that any pleadings, motions, or other paper submitted to the court are not being filed for improper purposes, are legally and factually warranted (nonfrivolous argument), and have evidentiary support after reasonable inquiry
Vouching its truth and accuracy
Rule 11 (c)
(c) Motion for sanctions
After notice and a reasonable opportunity to respond, the court may impose an appropriate sanction
Discretionary, and the purpose is mainly to deter improper future conduct
Rule 11 sanctions are appropriate where the complaint filed is objectively unreasonable under the circumstances, or where the claim asserted is patently unmeritorious or frivolous
Rule 12 (b) How to present defenses (pre-answer motions)
Motion to dismiss
Allows a defendant to raise specific defenses to a complaint through a motion to dismiss, including lack of jurisdiction, improper venue, insufficient service of process, and failure to state a claim upon which relief can be granted
You cannot attach evidence to a 12(b) motion to dismiss
Rule 8 (a)
short or plain statements for complaint
Requires a pleading to include a short and plain statement of the courts jurisdiction, a short and plain statement of the claim showing entitlement to relief and a demand for the relief sought, ensuring clarity and simplicity in pleadings.
A claim upon which relief may be granted is a short and plain statement of the claim showing that the pleader is entitled to relief; (2) a party is not entitled to a more definite statement unless the facts are necessary for the party to form his response to the pleading
Rule 8(b)
Short and plain but for answers. Must deny or admit specific claims
Denials - must fairly respond to the substance of the allegation (may assert “general denial: or “specific denials”). Failing to deny is the same as an admission
You can say you are “without information sufficient to form a belief as to the truth of the allegations” as well if you are not sure of a fact
Rule 15
Amended and Supplemental Pleadings
A party may amend a pleadings one time, within 21 days of serving it. Outside of this, OP or courts consent is required
Rule 26
Duty to Disclose; General Provisions Governing Discovery
Rule 26(a)(1)
Automatically disclose some information (initial disclosure)
Information is discoverable if it is not privileged (private), is relevant to a claim or defense, and is proportional to the case’s needs.
Proportionality factors include importance of the issues, amount in controversy, access to relevant information, parties’ resources, important in resolving the issue, whether burden outweighs its likely benefit
Even if relevant, information may be privileged (b)
Even if relevant and unprivileged, may still be undiscoverable under limitations listed (c) protective orders (annoyance, embarrassment, oppressive, undue burden, expansive)
Parties can compel other parties as well as non-parties to testify, respond to written questions, and produce documents
Rule 37
Failure to make disclosures or cooperate in discovery, sanctions
Rule 19
Required Joinder of Parties (Mandatory Joinder)
Requires joining parties necessary for complete relief or to protect their interests, and if joinder is infeasible, the court must determine whether to protect or dismiss the case based on fairness and justice
Rule 20
Permissive Joinder of Parties
Allows multiple plaintiffs or defendants to join a single lawsuit if their claims arise from the same transaction or occurrence and involve a common question of law or fact, subject to the courts discretion to ensure fairness
The court may issue orders – including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudices that arise from including a party
The severance of a multi-plaintiff lawsuit into individual trials is not warranted under the Federal Rules of Civil Procedure if a single trial will be more (1) efficient than multiple trials, the parties’ claims and defenses arise from the (2) same transaction or occurrence, there is a (3) common question of law or fact, and any (4) potential prejudice to the defendants can be averted by appropriate jury instructions. Fisher v. Ciba Specialty Chemicals Corp.
Transaction has a flexible meaning; look at whether there is a logical relationship that brings the series of occurrences together
“Commonality” doesn’t require all facts/law be identical, rather only some.
Efficiency takes into account court costs for individuals among other things
Prejudice can occur through jury instructions
Rule 21
Misjoinder
The court may add or drop a party. The court may also serve any claim against a party
Rule 23
Class Actions
Allows class actions when the class is numerous, claims share common legal or factual questions, representatives are typical and adequate, and the action fits into defined categories ensuring fairness and efficiency.
Rule 24
Intervention
Allows intervention as of right for significant legal interests or permits it when there is a shared question of law or fact, subject to court discretion to avoid delay or prejudice.
Rule 56
Summary Judgement
A motion filed, usually after discovery is complete, that argues that the evidence entitles judgment for the moving party
§ Summary judgment is proper if, after adequate time for discovery, a party fails to sufficiently establish an essential element of the party’s case on which the party bears the burden of proof. Must show that “there is no genuine dispute of any material fact, and the movant is entitled to judgment as a matter of law.” Houchens.
28 USC § 1441
If the defendant wants to remove a case to federal court, they need to show subject matter jurisdiction (“original jurisdiction”)
28 USC § 1446(a)
Defendant shall file a notice of removal in the district court containing a short and plain statement of the grounds of removal
Rule 50(a)
Directed Verdict
If a party has been fully heard on an issue, and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, court may (a) resolve the issue against the party; and (b) grant a motion for judgment as a matter of law
Rule 50(b)
Judgment as a Matter of Law (after trial)
If 50(a) motion has been filed, the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial.
§ In resolving a rule 50 motion, the court should consider the evidence in the light most favorable to the non-moving party and grant the judgment only where the evidence so strongly and so favorably points in favor of the moving party that reasonable people could not arrive at a contrary verdict.
Rule 35
Physical and Mental Examination
Allows a court to order a party (or a person under a party’s control) to undergo a physical or mental examination when their condition is in controversy, provided the requesting party demonstrates good cause, with the order specifying the details of the examination.
Mutually acceptable doctor for both parties
Specific Jurisdiction
Defendants actions are enough to subject (person or corporation) to the states tribunals only in relation to a suit involving the conduct commuted in that state
Jurisdiction extends to the specific act performed in the state, and nothing else
Enough in the state to be considered presence
Sued only for the matter and nothing else
Doctrine of Personal
Jurisdiction focuses on the defendant
Personal Jurisdiction
Definition
Power of a court over a person/party
Personal Jurisdiction
Who has to raise it?
Defendant must raise issue
Personal Jurisdiction
Can it be waived
Defendant can either consent or waive the claim
Personal Jurisdiction
Does the defendant have connections to state to have litigation enforced against them
Not a fair forum to be dragged in a state that the defendant has no connection to
Oversimplified: does the defendant have sufficient ties to the state in which the federal court is located?
Has the defendant had enough contact with the state to justify dragging them into the state for litigation?
Personal Jurisdiction
No connections
State cannot enter judgement against a defendant who has no connection with the state
Hawkins v. Masters Farms, Inc. (Tractor collision)
Rule: Determining whether diversity jurisdiction exists, a person is a citizen of the state in which he or she is domiciled. Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.
Domiciled
Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.
Is Domicile enough for Personal Jurisdiction
Domicile in the state is alone sufficient to bring an defendant within the reach of the states jurisdiction
Absent defendant
Authority of a state over one of its citizens is not terminated by the mere fact of his absence for the state
State which accords him privileges and affords protection to him and his property by virtue of his domicile may also exact reciprocal duties
Method used (actual notice) is reasonably calculated to give defendant notice of the proceedings and an opportunity to be heard
Fair play and substantial justice
Pennoyer v. Neff
(Land Seizure)
To obtain jurisdiction over a non-resident, due process requires that the non-resident defendant receive personal service (actual notice) of the lawsuit in order for the defendant to be bound by the judgement rendered. Constructive notice will always have problems while actual notice can show that the individual received the complaint.
Rule (in-rem)
State court to have jurisdiction over property, the property needs to be attached when the lawsuit commenced
In Rem v In Personam
In Rem action is a proceeding where property is the direct object of the action.
In personam is an action brought against a person
Side-Note
If non-resident, what was the service
(for now) have to say the required actual personal service for notice
International Shoe Company v. Washington
(Base case for specific jurisdiction)
Rule- Minimum contacts
If defendant is not present (not home state), they must have certain minimum contacts with the state such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice
Do enough stuff in a state, state might be able to exercise personal jurisdiction over you that satisfies due process even if it’s not your state.
Jurisdiction depends on the extent of the defendant’s contacts in the state in relation to the claim asserted. If a company be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’
Enumerated Contacts
Whether due process is satisfied must depend rather upon the quality and nature of the activity in relation to the fair and orderly administration of the laws which it was the purpose of due process clause to insure.
Presence
Degree and amount of activities conducted in state and or what the company authorizes for employees to do in that state. Manifested only by activities carried on its behalf by those authorized to act for it.
Presence Test
Presence of a corporation exist when the corporation’s activities are continuous and systematic
On the other hand, casual presence of corporate agent or single/isolated acts by agent on behalf of corporations is not enough to establish presence (not mechanical test)
