Fall 2019 Notes

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Introduction to Civil Procedure

September 3rd, 2019

Civil procedure is just a set of rules to make cases predictable.

  • Designing a system of procedure
    • Balance cost v getting what you want
    • Made for a type of desired outcome
    • Attributes of a good system
      • Input insensitive (not input-indifferent)
        • The person in the wrong should not have equal chance of winning
      • Fast (not slow)
      • Cheap (not expensive)
      • Simple (not complex)
      • A balance to make the right choices as often as possible while not being cost ineffective
        • Getting it done v getting it right
  • Procedure 7 Big Ideas™
    • Division of judicial powers
      • What court has jurisdiction
    • Upstream / downstream effects
    • Getting it done v getting it right
    • (Fundamental) Most cases do not go to court, but the system is setup to go to court
    • Secondary turbulence problem
      • Procedures may have secondary consequences or issues that outweigh the original needs.
    • Lawyers make it go
    • Judging success v failure
      • Incredibly difficult, but it is the core

Personal jurisdiction

  • Where is the defendant held to account?

Subject matter jurisdiction

  • Which court has ownership of that issue?

Hawkins v Master Farms, Inc

  • P attempt to litigate in federal court
  • D motions for dismissal under 12(b)(1)

Rule of Complete Diversity: All P/V must be diverse, else there is no diversity. (e.g. If P is in Kansas, and 99 D are in Missiori and 1 in Kansas: there is no diversity.)

Dance of Litigation

  1. File a complaint.
  2. Responses:
  3. Pre-answer motion (12(b)(1-7) / 12(e) / 12(f))
  4. Answers
    1. admit/deny
    2. affirmative defense
    3. counter claim

Everything comes from the complaint and answer, sets the case and argument.

Bridges v. Diesel Service, Inc.

1994 U.S. Dist. LEXIS 9429 (E.D. Pa. July 11, 1994)

https://www.lexisnexis.com/community/casebrief/p/casebrief-bridges-v-diesel-service-inc

Facts

P commenced action against D under the ADA P should have filed a charge to the EEOC first

Procedural History

Issue

Fed. R. Civ. P. 11(c)(2)

Holding

Denied

Reasoning

11(c)(2) allows for correction if done within 21 days.

* Note: Another downside of this is next time this lawyer goes before the judge, they will think even less of them.