Civil Procedure Class Notes
Today, getting to Gordon,
which will spill over until tomorrow.
Yeazell sketches out what he
thinks procedure is in the intro to the casebook.
Civil Procedure: What
is it?
We’re talking civil, not
criminal.
We’re talking adversarial, a
bipolar dispute between two individuals, and usually involving money. In our case, they’re using the court
system. There are other ways to solve
disputes, though (c.f. ADR).
Civil Procedure focuses on
rules.
We’ll use the Federal Rules
as our model. But states have their own
set of rules too. So if you end up
practicing in a state, you might have to relearn some specifics.
The rules are enacted by
either legislatures or courts.
Fairman says that courts have more experience.
Civil Procedure deals with
procedure, not substance.
So some people find it
abstract at first. It’s something the
average person has little contact with before they become a lawyer.
Civil Procedure is the
study of the principles surrounding the resolution of civil disputes by the
courts and the various tools available to a lawyer who must bring or defend a
lawsuit.
FRCP Rule 1
The rules are meant to ensure
just, speedy, and inexpensive lawsuits. “Fair, fast, and cheap.” We’ll later look back and ask, “How did they
do?”
The Five Themes
1.
Judicial
Power – Who has it? What courts have
power to adjudicate disputes (i.e. jurisdiction)?
2.
Dispute
Parameters – How do we take big cases and winnow them down into what’s actually
going to get tried, if they get tried?
The tools of setting these parameters are all procedural.
3.
Obtaining
finality – The more that happens to a lawsuit in different courts, the harder
it is to undo.
4.
Costs
– Every lawsuit has its costs, monetary or non-monetary.
5.
Balance
between equity and efficiency – cheap & quick and fair are at odds. We can have more of one or more of the other…we
need to make tradeoffs.
The Five Pedagogical
Objectives
1.
Identify
and apply “Black Letter” procedural rules – some rules is rules (c.f. FRCP Rule
8). Know them.
2.
Determine
the doctrinal and policy implications of the rules.
3.
Understand
the theoretical implications of the rules.
We want to find truth, if there is a truth. We let them sue now, and find truth later.
4.
Develop
a critical perspective: how do we limit frivolous lawsuits?
5.
Skill:
be able to read cases critically for procedural issues. In this course, we’re concerned with
procedure and not substance.
This is only half of the
story. There’s another course, Civ Pro
II, that most people tend to take their second year. If you’re going to do litigation, you should
take Civ Pro II. It’s much more
rule-based.
The Style of the Case: all the text at the top of the case. What does it mean? It’s the first plaintiff “v.” the first
defendant. The person who sued goes
first.
Then you’ve got some numbers
that tell you it’s in the 376th volume of the Federal
Supplement. That tells us it’s a
W.D. Pa. 1974: The Western
District of
Pay attention to the date:
The judge says certain things that
would be offensive today…I was thinking the judge said what he did about
marriage because the plaintiff was a Mormon…perhaps it was because she was a woman.
A variety of court systems: we have Federal Courts, including U.S. District
Courts, which are trial courts. They
appeal to the U.S. Courts of Appeals (we’re in the Sixth Circuit). They get appealed up to the U.S. Supreme
Court.
In the state courts, you have
your trial courts…like the funky courts we have here in
This is all a modern
view. It wasn’t always this neat.
Facts: The defendants are all from
Where these people are from
is important. The doctors and hospital
are in
Where is Gordon from? That’s the issue. Gordon says
Why does that matter? It matters in terms of diversity
jurisdiction. Federal courts can’t hear
every case. They do allow cases between
people from different states.
An issue for later: issue
preclusion. If the issue has already
been decided in court, you can’t decide it again. So if in Federal Court, they find that Gordon
is a resident of
More on Gordon tomorrow!