civil procedure fall 2002 class 2 (8/28/02) introduction to civil procedure columbus school of law...

CIVIL PROCEDUREFALL 2002

CLASS 2 (8/28/02)

INTRODUCTION TO CIVIL PROCEDURE

Columbus School of Law

The Catholic University of America

Professor Fischer

ANNOUNCEMENTS• 1. Class 1 slides are now posted on the web page

at: http://faculty.cua.edu/fischer/Civpro02/home.htm

• 2. Every student should send me an e-mail by next Tuesday (9/3) at 5 p.m. so ensure that I have correct addresses

• 3. Opportunity to switch seats/change seating plan• 4. If you did not get a copy of previous handouts

(the Course Outline or Assignment List) you can pick them up after class

WHAT WILL WE COVER TODAY?

• Wrap-up of important points from last class

• Study tips for preparing for this class and law school in general

• The U.S. court system

• Important concepts relating to civil procedure

WRAP-UP OF CLASS OF 8/26/02

• Difference between civil/criminal cases• Difference between

procedure/substantive law• Purpose of the FRCP (just, speedy,

inexpensive resolution of disputes – see Rule 1) – purpose guides construction

• Scope: apply in federal district courts subject to exceptions in R. 81

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

The U.S. Court System

• Separate STATE and FEDERAL court systems

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

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

FEDERAL DISTRICT COURTS

• How many federal judicial districts are there in Maryland?

• How many in Virginia?

• How many total?

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 (including outside 50 states Guam, P.R., V.I., D.C., Northern Mariana Islands). See 28 U.S. C. s. 133

• Why do we care about judicial districts?

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.?

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/

United States Supreme Court

• How many Supreme Court justices are there?

• Who are the current justices?

• Which president appointed each justice?

Current U.S. Supreme Court Justices

• Rehnquist C.J. (Nixon)• Stevens J. (Ford)• O’Connor 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

Civil Procedure Concepts• A hypothetical from a real case

• Vosberg v. Putney, 50 NW 403 (Wis. 1891)

• What does the citation tell us about the court?

VOSBERG HYPOTHETICAL• Assume that you’ve just passed the bar

exam and you’re sitting in your law office

• Mr and Mrs Vosberg, the parents of a junior high school student, Andrew, need your legal assistance.

The Vosberg’s Story• “Our son Andrew was in class at school,

sitting at his desk and minding his own business. Another student, George Putney, was sitting across the aisle from Andrew. George was gangly with long legs and pointy feet. George stretched those long legs and in doing so, kicked Andrew in the right shin.”

Andrew’s injuries (according to the Vosbergs)

• Immediately after the accident, Andrew felt EXCRUCIATING pain in his shin and right leg, and started to scream in pain.

• Andrew has been treated by several doctors. For reasons not entirely clear, the injury caused a full-blown medical disaster. Andrew can’t use, and is likely to remain unable to use, his right leg.

Comments by George’s Parents to the Vosbergs

• Mrs Putney: “George never meant to hurt Andrew. Any harm to Andrew was an accident.”

• Mr Putney: “Andrew’s making it all up. He wasn’t hurt at all. Why don’t you just get lost, Buck-o. Tell Andrew to stop his pathetic whimpering sniveling drivel and go back to school!”

Assume the following:• 1. There is no such thing as a court system

• 2. The Vosbergs did not take kindly to Mr. Putney’s remarks and want to do something about it.

• WHAT CAN THE VOSBERGS DO?

WHAT CAN THE VOSBERGS DO?

• Resort to violence?

• Give up in despair?

• Try to get a friend to mediate?

• Persuade the school administration to expel or suspend George?

Fortunately, we have a court system!

• The court system is one of our branches of government (the judicial branch)

• This course relates to procedures in the court system, specifically the CIVIL SYSTEM

The Rules of Procedure• For a court system, these rules govern how

disputes enter and progress through the court system.

• DO PROCEDURAL RULES TELL US WHO WILL WIN THE DISPUTE BETWEEN THE VOSBERGS AND THE PUTNEYS?

Significant Concept: Difference between Procedural/Substantive Law

• Do procedural rules tell us who will win the Vosberg-Putney dispute?

• No – SUBSTANTIVE LAW (e.g. tort) tells us who wins (liability) and what the winner gets (remedies)

• Procedure can’t exist independently of substantive law

Significant Concept: Difference Between Civil/Criminal Cases

• If Andrew’s case was classified as criminal, who would be the moving party?

• What would be the main objective of the criminal action?

• What if Andrew’s case is classified as civil?

Why Might the Vosbergs Want to Bring a Civil Case?

Why Might the Vosbergs Want to Bring a Civil Case?

• $$$$$$$$$$$$$$$$

• Criminal law will not compensate the Vosbergs, but would only punish George

Concept: Remedies• What civil remedies would the plaintiffs

seek in Vosberg?

Common Civil Remedies• Damages (financial compensation)

• Injunction (order to do or stop doing something)

Reminder: Difference Between Civil and Criminal Cases

• Criminal cases are brought by the gov’t representing society

• Criminal cases result in punishment (e.g., fine or imprisonment)

• Civil cases can be between private parties and/or the government

• Civil remedies include financial compensation (damages) or orders to do or stop doing something (injunctions) and sometimes punishment (punitive damages)

• Different burdens of proof

Significant Concept: Parties• In the Vosberg’s case, who would be the

PLAINTIFF(S)?

• The DEFENDANT(s)?

• We will study JOINDER rules for adding additional parties or claims to a civil lawsuit

• Which party pays ATTORNEY’S FEES?

• What is a CONTINGENCY FEE?

Significant Concept: Jurisdiction

• Personal Jurisdiction

• Subject matter jurisdiction

Subject Matter Jurisdiction• Not every court can hear every type of case• Federal district courts have limited subject matter

jurisdiction• Two important types of subject matter

jurisdiction: – (1) diversity (2) federal question jurisdiction

• State courts- some have GENERAL jurisdiction, some have LIMITED jurisdiction (e.g. tax courts, housing courts)

Personal Jurisdiction• The defendant must have sufficient

MINIMUM CONTACTS with the state where the court is located that it would be FAIR to subject her to suit there.

• DUE PROCESS: 14th Amendment to the U.S. Constitution

The significant concepts we studied today

• 1. Difference between civil and criminal actions

• 2. Difference between procedural and substantive law

• 3. Remedies

• 4. Parties

• 5 Jurisdiction

Have a nice evening!• See you Friday

• We will cover The Stages and Essential Concepts of Civil Litigation