CIVIL PROCEDURE FALL 2001 CLASS 2 (8/23/01) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION

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CIVIL PROCEDUREFALL 2001 CLASS 2
(8/23/01)STAGES AND ESSENTIAL CONCEPTS OF A
CIVIL ACTION

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

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ANNOUNCEMENTS

• 1. Class 1 slides are now posted on the web page
  at http//www.law.edu/faculty/fischer/Civpro01/h
  ome.HTM
• 2. Every student should send me an e-mail by next
  Monday (8/27) at 5 p.m. so I have correct
  addresses
• 3. Opportunity to switch seats/new seating plan
• 4. Handout on briefing cases
• 5. If you did not get a copy of previous
  handouts (the Course Outline, Assignment List, or
  Slides from Class 1) you can pick them up in the
  break or after class

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WHAT WILL WE COVER TODAY?

• Wrap-up of important points from last class
• Tips for studying law
• The U.S. court system
• Overview of the STAGES and IMPORTANT CONCEPTS of
  a CIVIL ACTION
• IMPORTANT NOTE THIS IS A BROAD OUTLINE. DETAILS
  WILL BE FILLED IN OVER THE COURSE OF THE SEMESTER

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WRAP-UP OF CLASS OF 8/21/00

• Difference between civil/criminal cases
• Difference between procedure/substantive law
• Important concepts parties, remedies, joinder

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HOW TO STUDY AND PREPARE FOR CLASS

• Read assignments carefully and critically
• Argue with the reading material
• Consider the procedural stage the case has
  reached
• Look up rules/statutes mentioned in cases
• Pay attention to the language of rules and
  statutes
• Focus on facts
• Bear in mind the historical/political context
• Make your own study materials
• Be patient and determined

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The U.S. Court System

• Separate STATE and FEDERAL court systems
• Each STATE and D.C. has its own court system

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THE FEDERAL COURT SYSTEM

• Article III of the U.S. Constitution establishes
  a separate judicial branch of the federal
  government. What are the other two branches?
• Art. III provides for the U.S. Supreme Court
• Pursuant to Art. III, Congress created several
  federal courts
• Federal District Courts Trial courts
• U.S. Court of Appeals Appellate Courts
• U.S. Supreme Court
• Independence of the Federal Judiciary
• Life tenure
• Compensation

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FEDERAL DISTRICT COURTS

• How many federal judicial districts are there in
  Maryland?
• How many in Virginia?
• How many total?

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FEDERAL DISTRICT COURTS

• How many federal judicial districts are there in
  Maryland? 1 - District of Maryland
• How many in Virginia? 2 - Eastern District of
  Virginia, Western District of Virginia
• How many total? 94
• Why do we care about judicial districts?

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Federal Appellate Courts

• Federal Circuits
• United States Courts of Appeals
• How many federal circuits are there?
• What circuit is Virginia in?
• What circuit is Maryland in?
• What about D.C.?

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Federal Circuits

• How many federal circuits are there? Thirteen -
  twelve regional plus the Federal Circuit
• What circuit is Virginia in? Fourth Circuit
• What circuit is Maryland in? Fourth Circuit
• What about D.C.? District of Columbia Circuit
• For a map of the federal circuits, please see
  http//www.law.emory.edu/FEDCTS/

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United States Supreme Court

• How many Supreme Court justices are there?
• Who are the current justices?
• Which president appointed each justice?

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Current U.S. Supreme Court Justices

• Rehnquist C.J. (Nixon)
• Stevens J. (Ford)
• OConnor J. (Reagan)
• Scalia J. (Reagan)
• Kennedy J. (Reagan)
• Souter J. (Bush)
• Thomas J. (Bush)
• Ginsburg J. (Clinton)
• Breyer J. (Clinton)
• See http//www.supremecourtus.gov

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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

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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

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1. THE CAUSE OF ACTION

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

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1. THE CAUSE OF ACTION

• A. COGNIZABILITY Is there a claim in
  substantive law?
• B. CAUSE OF ACTION What is the claim?
• C. ELEMENTS What elements make up the claim?

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A. 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?

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B. CAUSES OF ACTION

• Remember back to the hypothetical involving
  Andrew and George (see 8/21)
• What is/are the CAUSE(S) OF ACTION that Andrew
  has against George?
• What are the ELEMENTS of each such CAUSE OF
  ACTION?

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C. 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

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2. JOINDER OF CLAIMS

• If Andrew wants to raise both a battery cause of
  action and a negligence cause of action against
  G, can A include both in the same lawsuit?

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2. JOINDER OF CLAIMS

• If Andrew wants to raise both a battery cause of
  action and a negligence cause of action against
  G, can A include both in the same lawsuit?
• See 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!

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3. JOINDER OF PARTIES

• If there is more than one potential defendant
  such as G and Doctor Danielle who treated A, can
  A join both as defendants in his action against
  G?
• 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)

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4. JURISDICTION

• John wants to bring a claim for breach of
  contract claiming 100,000 in damages against
  Lisa in the U.S. District Court for the Northern
  District of California. Does that court have the
  power to hear Johns claim against Lisa?
• The court must have both
• A. PERSONAL JURISDICTION and
• SUBJECT MATTER JURISDICTION
• Does this court have both kinds of jurisdiction?

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A. PERSONAL JURISDICTION

• Can the California exercise personal jurisdiction
  over Lisa?
• 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
  Lisa

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B. SUBJECT MATTER JURISDICTION

• Can a particular court (e.g. the U.S District
  Court for the Northern District of California)
  hear the type of case (breach of contract action)
  that P (John) is bringing against D (Lisa)?
  (Assume that the personal jurisdiction
  requirement is satisfied and breach of contract,
  a state law claim, does not arise under federal
  law)
• Explain the limits on the subject matter
  jurisdiction of this federal district court

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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 (diversity), 1332
  (federal question))
• Where are these sections in your Supplement?

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CONTRAST SUBJECT MATTER JURISDICTION OF STATE
COURTS

• Subject matter jurisdiction of state courts is
  generally broader than federal courts
• Some state courts are courts of GENERAL
  JURISDICTION (e.g. D.C. Superior Court)
• Some state courts have LIMITED JURISDICTION
• Sometimes there is CONCURRENT jurisdiction
  between state and federal courts

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HYPOTHETICAL

• Assume A and G are both citizens of Wisconsin
• Assume the amount in controversy requirement is
  met
• Assume further that As claim does not arise
  under a federal statute or the U.S. Constitution
• Can A sue G in federal court in Wisconsin?

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ONE CHANGE TO PREVIOUS HYPOTHETICAL

• G is a citizen of New Hampshire
• Can A sue G in federal court in Wisconsin?

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5. VENUE

• Even if there is personal jurisdiction, there is
  a further question where within a state can a
  case be brought?
• 2 federal judicial districts in Wisconsin
• Congress has enacted federal venue legislation
  where do we find this?
• There are also statutory venue rules for civil
  actions in state court

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6. PLEADING

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

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A. COMPLAINT

• Written statement of Ps case CB 1040
• Pleading Rules FRCP 7, 8
• Filing Rules FRCP 3
• Service Rules FRCP 4
• Request for a jury

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B. ANSWER

• Written response by D to Complaint CB 1047
• Pleading Rules FRCP 8
• Filing Rules FRCP 5
• Service Rules FRCP 5

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C. COUNTERCLAIM

• Claim by D against P FRCP 13
• 2 kinds of counterclaims
• (a) COMPULSORY if you dont bring the
  counterclaim youll be barred from doing so in
  future
• (b) PERMISSIVE

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D. THIRD PARTY CLAIM (IMPLEADER)

• D wants to claim against a 3d party for
  reimbursement if D is found liable to P
• CB 1069
• See FRCP 14

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E. CROSS-CLAIM

• See CB 1071
• Requires at least 2 defendants
• D1 wants to claim against D2
• See FRCP 13(g)

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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

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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)

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II. TRIAL

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

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1. CONDUCT OF TRIAL

• OPENING STATEMENTS
• Ps case (direct examination of witnesses,
  cross-examination by D, re-examination by P) (CB
  1166)
• Rules of EVIDENCE govern admissibility of witness
  testimony (another course)
• Ds case
• CLOSING ARGUMENTS (CB 1191)
• JURY INSTRUCTIONS (CB 1181)
• VERDICT

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2. ADJUDICATION BEFORE END OF TRIAL

• DIRECTED VERDICT See FRCP 50
• Motion based on other partys failure to meet
  BURDEN OF PRODUCTION on an essential ELEMENT of
  the CAUSE OF ACTION (or DEFENSE)

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3. BURDEN OF PERSUASION

• What must a plaintiff persuade the fact-finder to
  win a civil action?
• What is the standard for criminal proceedings?

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III. POST-TRIAL

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

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1. ENFORCEMENT OF JUDGMENT

• A judgment is not enough if D does not comply
  with it
• There are procedures for a successful P to
  EXECUTE ON THE JUDGMENT, e.g. force the D to pay
  damages by seizing assets or garnishing wages

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2. POST-TRIAL MOTIONS

• If losing party is unhappy with the verdict, can
  she get the trial judge to do something about it?
• Motion for JUDGMENT NOTWITHSTANDING THE VERDICT
  FRCP 50
• NEW TRIAL MOTION FRCP 59
• MOTION TO VACATE JUDGMENT FRCP 60

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3. APPEALS

• We will not do much on appeals in this course
• FINAL JUDGMENT rule
• Appeals from district court to U.S. Court of
  Appeal in their region
• Error must be revealed in record, there must be
  timely objection to error, and error must
  materially affect outcome of case
• Usually no new facts are considered on appeal
• Generally must appeal 30 days after final
  judgment
• Appeals to U.S. Supreme Court WRIT OF CERTIORARI

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4. BINDING EFFECT OF JUDGMENTS (RES JUDICATA)

• A. CLAIM PRECLUSION
• B. ISSUE PRECLUSION

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A. CLAIM PRECLUSION

• Polly sues Dolly for breach of contract, wins,
  and recovers 7,000 in damages. If Polly thinks
  the judgment is too low, can she bring a second
  suit against Dolly?
• After George kicks Andrew, Andrew sues George for
  negligence and loses. Can Andrew sue George for
  battery based on the same kick?

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B. ISSUE PRECLUSION

• B, a dog food manufacturer, has a contract to
  provide A, the owner of a kennel, with 200 lbs of
  Super Grade Dog Chow and 500 lbs of Regular Dog
  chow each week. A thinks that B has not
  complied with the contract between March and June
  and sues B. A court determines that Bs supply
  of 700 lbs of Extra Special Grade Dog Chow per
  week does not comply with the contract and A wins
  the case. A few months later, A complains that
  B has not complied with the contract between
  November and December and sues B. Can B argue
  that supplying 700 lbs of Extra Special Grade Dog
  Chow per week complies with the contract?

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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!