I. INTRODUCTION TO CIVIL PROCEDURE
Civil Procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits.
Concept: Personal Jurisdiction
Personal jurisdiction refers to a court’s power over the parties involved in the proceedings. Three types of personal jurisdiction are in personam, in rem, and quasi-in-rem.
Case: International Shoe Co. v. Washington (1945)
Issue: Did the state court have personal jurisdiction over the non-resident corporation?
Rule: A state court may exercise personal jurisdiction over a non-resident defendant if the defendant has sufficient contacts with the state.
Analysis: International Shoe had more than minimal contacts with the state of Washington, and therefore the state court had personal jurisdiction over the corporation.
Conclusion: The U.S. Supreme Court affirmed the state court’s decision.
II. PLEADINGS
In civil procedure, pleadings are the formal written statements of the parties’ claims and defenses.
Concept: Complaint
A complaint is a legal document that initiates a lawsuit, outlining the plaintiff’s claims against the defendant.
Concept: Answer
An answer is a formal document drafted by the defendant to respond to the plaintiff’s complaint.
Concept: Rule 11 of the Federal Rules of Civil Procedure
Rule 11 provides that a pleading, motion, or other paper must be signed by an attorney or party and constitutes certification to the court that it is not being presented for an improper purpose.
III. JOINDER OF CLAIMS AND PARTIES
Concept: Joinder
Joinder refers to the addition of parties or claims to a lawsuit. This can be either compulsory or permissive.
Case: Exxon Corp. v. Allapattah Services (2005)
Issue: Can federal courts exercise supplemental jurisdiction over additional plaintiffs who do not meet the amount in controversy requirement when other plaintiffs in the action do?
Rule: Federal courts can exercise supplemental jurisdiction over additional plaintiffs when other plaintiffs in the action meet the amount in controversy requirement.
Analysis: Since one of the plaintiffs met the amount in controversy requirement, the court could exercise supplemental jurisdiction over the additional plaintiffs who did not.
Conclusion: The U.S. Supreme Court reversed the lower court’s decision and held that federal courts can exercise supplemental jurisdiction over additional plaintiffs in such circumstances.
IV. DISCOVERY
Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the other party and groups outside of the two main parties.
Concept: Interrogatories
Interrogatories are a form of discovery consisting of written questions to be answered in writing and under oath.
Concept: Depositions
Depositions are a method of discovery where verbal questions are posed to a party or witness under oath.
V. TRIALS AND ADJUDICATION
Concept: Summary Judgment
Summary judgment is a judgment entered by a court for one party and against another party summarily, that is, without a full trial.
Case: Celotex Corp. v. Catrett (1986)
Issue: What is the standard for granting a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure?
Rule: Summary judgment is appropriate if the moving party can show that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.
Analysis: The Court held that the burden on the moving party may be discharged by showing—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.
Conclusion: U.S. Supreme Court affirmed the lower court’s grant of summary judgment in favor of Celotex.
VI. APPEALS
Concept: Standards of Review
Standards of review determine the amount of deference that the appellate court gives to the decisions of the lower court.
VII. RES JUDICATA AND COLLATERAL ESTOPPEL
Concept: Res Judicata
Res Judicata is a rule that a final judgment on the merits by a court having jurisdiction is conclusive of the rights of the parties in all later suits on the points and matters determined in the former suit.
Concept: Collateral Estoppel
Collateral Estoppel, also known as issue preclusion, is a legal principle that bars relitigation of an issue that has been adjudicated in a previous action.
Case: Parklane Hosiery Co. v. Shore (1979)
Issue: Can a defendant in a private action use offensive collateral estoppel against a plaintiff after the plaintiff had previously lost in a suit against another defendant?
Rule: A court may allow a defendant to use offensive collateral estoppel against a plaintiff if it would not be unfair to the plaintiff.
Analysis: The Court held that allowing a defendant to use offensive collateral estoppel did not violate the due process clause and could be used if it did not result in unfairness.
Conclusion: The U.S. Supreme Court affirmed the lower court’s decision.
This guide provides a broad, but not exhaustive, summary of key concepts, cases, and rules in Civil Procedure typically covered in a 1L course. Remaining well-versed with your course materials, case briefs, and staying engaged in class discussions will be crucial for your success in the course.