Georgia Law School 1L Study Guide for Civil Procedure
Civil Procedure is a branch of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits. The following study guide encompasses the essential topics, concepts, and cases relevant to a 1L Civil Procedure class, with a focus on Georgia-specific rules where applicable.
I. Jurisdiction and Venue
– Subject Matter Jurisdiction: The authority of a court to hear cases of a particular type or cases relating to specific subject matter.
– Federal Question Jurisdiction: Authority of federal courts to hear cases arising under the Constitution, federal laws, or treaties (28 U.S.C. § 1331).
– Diversity Jurisdiction: Authority of federal courts to hear cases where the parties are citizens of different states and the amount in controversy exceeds $75,000 (28 U.S.C. § 1332).
- Personal Jurisdiction: The power of a court over the parties in the case.
- International Shoe Co. v. Washington (1945): Introduced the “minimum contacts” standard for personal jurisdiction; a court may exercise personal jurisdiction over a party if it has certain minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.
- Long-arm Statutes: State laws that provide courts with personal jurisdiction over out-of-state defendants.
- Georgia’s Long-arm Statute (O.C.G.A. § 9-10-91): Allows Georgia courts to exercise personal jurisdiction over non-resident defendants in specific circumstances.
- Venue: The appropriate location within a jurisdiction where a lawsuit should be heard.
- Georgia Venue Rules (O.C.G.A. Title 9, Chapter 10, Article 3): Dictate where a civil action should be brought in Georgia based on factors such as the residence of the parties and where the cause of action arose.
II. Pleadings and Motions
– Complaint: The initial pleading that starts a lawsuit by setting forth the plaintiff’s claims against the defendant(s).
– Answer: The defendant’s response to the plaintiff’s complaint, which may include defenses and counterclaims.
– Motion to Dismiss: A request by a defendant for the court to dismiss the plaintiff’s complaint for reasons such as lack of jurisdiction, improper venue, or failure to state a claim upon which relief can be granted.
– Twombly and Iqbal Standards: Clarified the pleading standard for federal courts, requiring that a complaint must state a plausible claim for relief.
III. Discovery
– The process by which parties obtain information from each other to prepare for trial.
– Tools of Discovery: Include depositions, interrogatories, requests for production of documents, and requests for admissions.
– Georgia Civil Practice Act (O.C.G.A. Title 9, Chapter 11): Governs the procedure of civil actions in Georgia, including discovery rules.
IV. Summary Judgment
– A procedural device used to dispose of a case without a trial when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
– Celotex Corp. v. Catrett (1986): Clarified the standard for summary judgment in federal courts.
V. Trial
– Jury Selection: In Georgia, the process of voir dire is used to select an impartial jury.
– Presentation of Evidence: Rules of evidence determine what information can be presented in court.
– Burden of Proof: In civil cases, the burden of proof is typically the “preponderance of the evidence.”
VI. Post-Trial Motions
– Motion for a New Trial: A request for a new trial on the basis of legal errors or other issues that affected the trial’s fairness.
– Motion for Judgment as a Matter of Law (JMOL): A motion asserting that there are no factual issues to be decided by the jury because the evidence is so one-sided.
VII. Appeals
– The process of reviewing decisions of lower courts.
– Notice of Appeal: A document filed to initiate an appeal.
– Standards of Review: Different standards apply depending on the nature of the issues on appeal (e.g., de novo, abuse of discretion).
VIII. Res Judicata and Collateral Estoppel
– Res Judicata (Claim Preclusion): A final judgment on the merits by a court of competent jurisdiction precludes the parties from re-litigating the same cause of action in a subsequent lawsuit.
– Collateral Estoppel (Issue Preclusion): Once an issue of fact has been determined by a valid and final judgment, that issue cannot be re-litigated by the same parties in future litigation.
IX. Class Actions
– The rules governing the procedure for bringing a lawsuit as a representative of a class of similarly situated individuals.
– Federal Rule of Civil Procedure 23: Sets forth the criteria for class action lawsuits in federal courts.
– Georgia Class Action Rules (O.C.G.A. § 9-11-23): Similar to Federal Rule 23, with specific provisions applicable to Georgia courts.
X. Alternative Dispute Resolution
– Methods for resolving disputes outside of the traditional court system, such as arbitration and mediation.
– Georgia Arbitration Code (O.C.G.A. Title 9, Chapter 9): Sets forth the laws governing arbitration in Georgia.
This study guide provides an overview of the key concepts and legal principles that are essential for a foundational understanding of Civil Procedure in Georgia. Students should supplement this guide with their class notes, case briefs, and statutory materials to ensure a thorough preparation for their final semester exam.