CIVIL PROCEDURE CLASS 4 83001 READING AND BRIEFING CASES

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CIVIL PROCEDURE CLASS 4 (8/30/01)READING AND
BRIEFING CASES

• Columbus School of Law
• The Catholic University of America
• Professor Fischer

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WHAT WILL WE LEARN TODAY?

• 1. A few more points on briefing cases
• 2. Introduction to Carpenter v. Dee. We will
  use the Carpenter v. Dee case files to learn how
  to choose a cause of action. We will learn how
  litigators think when a case is first presented
  to them, through a simulation of a strategy
  meeting between a senior partner and an associate
  in a law firm.
• 3. Introduction to pleading the complaint
• 4. Time permitting, we will do a short in-class
  exercise on reading rules

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WRAP-UP OF CLASS OF 8/28/00

• In Tuesdays class, we learned how to brief a
  case, using United States v. Hall as an example.
  Briefing in an important skill that will help
  you to analyze the procedural court opinions you
  read for this class, as well as substantive court
  opinions you read for other law school classes.
  Developing an effective briefing method will
  serve you well in preparing for Civil Procedure
  classes.

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Contents of a Brief

• BACKGROUND Identify parties, court, year of
  decision, name
• PROCEDURAL HISTORY What procedural stage of
  litigation? What previously happened
  procedurally?
• REMEDIES sought
• PARTIES ALLEGATIONS
• KEY FACTS identified by the court
• KEY LEGAL DOCTRINES relied on by court in making
  decision
• KEY POLICY INTERESTS at stake
• HOLDING (main idea)
• EFFECT OF DECISION

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What are the key policy interests at stake in
U.S. v. Hall?
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What are the key policy interests at stake in
U.S. v. Hall?

• Protecting rights of African Americans
• Furthering integration
• Note complexity regarding race
• Underlying due process and fairness. Hall would
  not have notice of hearing if injunction ex
  parte, nor, as non-party, even if it were inter
  partes.
• 2 important themes we will see recurring in our
  study of procedure
• 1. Tension between formal rules and policies
• 2. Power of courts by stretching rules, court
  enlarges its own power

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What is the holding of U.S. v. Hall?
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What is the holding of U.S. v. Hall?

• My statement of the holding is as follows
• A court has the power to hold in contempt a
  non-party who violates an ex parte restraining
  order in a school desegregation case, provided
  that the non-party has notice of the order.

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BRIEFING SUMMARY

• Make sure your brief includes the name of case,
  court, year of decision, procedural history,
  allegations of the parties, key facts identified
  by the court, key legal doctrines relied on by
  the court in making its decision, key policy
  interests at stake, main idea of the case.

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Duval County The Litigation Continues

• The Duval County school desegregation litigation
  is still ongoing, after more than 40 years
• In 1999, a federal district judge ruled that the
  district was unitary
• Jacksonville branch of NAACP appealed this ruling
• In March, 2001, a three-judge panel of the U.S.
  Court of Appeals for the Eleventh Circuit heard
  argument

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Carpenter v. Dee Choosing a Cause of Action

• You are an associate in a Boston law firm called
  Needham, Shaker and Coblentz
• The senior partner, Carol Coblentz, sends you her
  initial memorandum (CB 1033)
• After you read the memo, Carol calls you into her
  office for a strategy meeting on (a) the causes
  of action that may be available to Nancy Carter
  and (b) who are possible defendants, if the firm
  chooses to represent Ms. Carter

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Key Facts

• What are the key facts in the memo?

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Key Facts

• In 1985 Charlie Carpenter (25) was killed in a
  car accident.
• Jeep overturned. Driven by Randall Dee
• Modifications to jeep
• CC survived by pregnant wife
• Dee conveyed half-interest in a home to brother
  Peter (?)
• Jeep owned by girlfriend Twyla Burrell.
• Insurance on jeep was statutory minimum
  (10,0000)
• Dee stopped by Lowell police on several occasions
• Dee convicted on 4 counts in criminal court

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QUESTION ONE

• WHO SHOULD BE THE PLAINTIFF(S)?

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QUESTION TWO

• WHO IS/ARE THE POSSIBLE DEFENDANT(S) AND WHAT
  IS/ARE THE CAUSE(S) OF ACTION AGAINST EACH
  DEFENDANT?

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QUESTION THREE

• WHAT ADDITIONAL INFORMATION DO WE NEED?

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QUESTION FOUR

• HOW WILL WE GET THIS ADDITIONAL INFORMATION?

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QUESTION FIVE

• WHAT REMEDIES ARE AVAILABLE?

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QUESTION SIX

• SHOULD WE TAKE THIS CASE?

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PLEADING

• What is pleading?
• What are the possible functions of pleading?

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FUNCTIONS OF PLEADING

• A. Give notice to the parties of claims and
  defenses to help them prepare their case
• B. Siphon out inadequate or sham claims or
  defenses
• C. Identify and narrow issues for trial
• D. Guide parties/court in conduct of cases help
  define scope of case for fact discovery and
  determining evidentiary relevance
• E. Frame claim for preclusion purposes
• A procedural system could have very different
  pleading requirements depending on which function
  is considered primary

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HISTORICAL PLEADING

• Common law pleading function of
  identifying/narrowing issues was paramount.
  Problem Highly technical.
• Code pleading Field Codes (19th c. reforms -
  still basis for some state procedural systems)
  Functions of eliminating sham/insufficient claims
  of defense and setting out facts were primary.
  Fact pleading- had to state facts constituting a
  cause of action. Less technical. Problem
  dispute about how specific facts had to be
  pleaded and what was meant by cause of action.
  Also became quite technical.

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PLEADING IN FEDERAL DISTRICT COURT

• What does FRCP Rule 7(a) provide?
• What is a complaint?
• What does FRCP Rule 3 provide?

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PLEADING THE COMPLAINT

• Conley v. Gibson, 355 U.S. 41 (1957)
• Who are the parties? Describe the nature of their
  substantive law dispute and the remedies sought
  by plaintiffs (petitioners).
• What procedural stage had this action reached at
  the time of the Supreme Court opinion?
• What are the legal arguments made by respondents?
  

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CONLEY V. GIBSONTWO PROCEDURAL RIDDLES

• Why does the Texas federal district court have
  subject matter jurisdiction?
• Why doesnt the final judgment rule apply to bar
  appeal of the district courts grant of the
  motion to dismiss?

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CONLEY V. GIBSONTHE HOLDING

• What is the holding of the Supreme Court?
• In your opinion, how do policy issues affect the
  Supreme Courts decision in this case?
• What is the effect of the Supreme Court decision?

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IMPORTANT CONCEPT NOTICE PLEADING

• FRCP Rule 8(a) (statement of claim)
• Why doesnt Rule 8(a) use the words facts or
  causes of action?
• How specifically must the plaintiff plead her
  claim?
• FRCP Rule 8(e) (alternative claims)
• FRCP Rule 8(f) (construction of pleadings)
• FRCP Rule 9(f) (time and place)

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RULE READING EXERCISE

• Please divide into groups of four people.
• Please read carefully FRCP 12(a)(1) and 6(a).
• Work together with others in your group to figure
  out the information you need from the client to
  apply the Rules to calculate the deadline.
• Send 1 representative of your group to me with
  any questions
• After you have received your answers, calculate
  the deadline.
• Write your answer on a piece of paper and submit
  it to me.

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SUMMARY WHAT YOU SHOULD HAVE LEARNED TODAY

• You should understand the purposes of pleading
• You should understand the concept of notice
  pleading and be familiar with the requirements of
  FRCP 8(a), (e) , and (f) for complaints
• You should also know FRCP Rule 3 and 7