WHAT IS CIV PRO?

Question 1

Civil Procedure is “trans-substantive”

Answer 1

Meaning, in form and manner of application, it does not vary from one substantive context to the next (civ pro is the same in torts, contracts, constitutional law, etc.)

Question 2

Eleventh Amendment of the U.S. Constitution

Answer 2

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

Translation: Only citizens of the State (ex. citizens of Missouri) can sue that State (Missouri) in federal court.

Question 3

DUE PROCESS

Answer 3

People, especially citizens of the U.S., are entitled to fair treatment through the normal judicial system.

Question 4

Fourteenth Amendment of the U.S. Constitution

Answer 4

“Nor shall any State deprive any person of life, liberty, or property, with due process of law . . . .”

Question 5

RELATIONSHIP AMONG JUDICIAL SYSTEMS

Answer 5

There are federal and state courts.

Federal courts are courts of limited subject-matter jurisdiction.