Civil procedure reading
Chapter 1: An Introduction to Civil Action and Procedure
A. The Study of Procedure
Civil procedure focuses on the litigation process for resolving disputes.
The course emphasizes critical thinking about the principles underlying rules and doctrines, rather than just mastering technical material.
Federal Rule 1’s goal: "to secure the just, speedy, and inexpensive determination of every action and proceeding."
Discussion on whether this goal is achieved.
Litigation is more than just going to trial; it encompasses various stages and methods for resolving disputes.
The majority of civil disputes are privately settled without litigation; only 2-4% actually proceed to trial.
Understanding litigation is crucial even for those pursuing alternative resolutions.
B. Federalism
Prior to the national government, the original states were sovereign entities with their own laws.
The central government did not negate state governments but defined their powers through the Constitution.
Supremacy Clause: Federal laws override state laws when in conflict within federal jurisdiction.
The Constitution limits the federal government’s power but imposes restrictions on state power (e.g., Fourteenth Amendment).
There are two primary bases for federal jurisdiction: diversity of citizenship cases and federal question cases.
Plaintiffs have the choice to file in either federal or state court depending on subject matter jurisdiction.
The U.S. Supreme Court can only review state supreme court decisions about federal law.
C. Overview of the Structure of a Court System
1. Trial Courts
Courts where civil litigation begins; plaintiffs file complaints to initiate action.
Trial courts have original jurisdiction; some states categorize jurisdiction by subject matter or amount in controversy.
2. Intermediate Appellate Courts
Most jurisdictions provide an appeal right to an intermediate appellate court after trial judgments.
In the federal system, the U.S. Court of Appeals reviews appeals from district courts.
3. Supreme Courts
Supreme courts serve as appellate courts; review is typically discretionary rather than mandatory.
They clarify the law and their decisions are binding through the doctrine of precedent (stare decisis).
4. Appellate Practice and the Doctrine of Precedent
Appellate courts do not retrial cases; they review decisions for legal errors based on the lower court record and briefs.
Appellate court decisions set binding legal precedents for lower courts.
D. The Adversary System
The American litigation system is adversarial, where parties actively present their cases.
The Constitution requires actual cases or controversies for court jurisdiction, emphasizing the need for standing (a personal stake).
Procedures exist to limit excessive adversariness (e.g., sanctions for frivolous filings and discovery rules).
E. Alternatives to Litigation
While the course primarily explores litigation, it recognizes the limitations and drawbacks of this method (expensive, adversarial).
Alternative dispute resolution (ADR) methods are surveyed as potentially better suited for resolving certain disputes.
Key ADR methods include:
Negotiation: Most commonly used; parties find mutually agreeable solutions.
Mediation: A neutral third party facilitates discussion to help resolve disputes.
Arbitration: A third party makes binding decisions; generally less formal than court trials.
F. A Brief History of Our English Judicial Roots
The American legal system has roots in English law, which had royal and equity courts.
The royal courts (common law) awarded damages but lacked flexibility and specific remedies.
The Chancery court (equity) emerged to provide fairness where the common law did not suffice.
The Federal Rules of Civil Procedure merged law and equity practices, yet distinctions remain significant in modern procedures.
G. General Topics of Civil Procedure
The course is organized into six topical areas:
Selecting the Forum - where and how to file suits.
Obtaining Provisional Remedies - securing temporary relief during litigation.
Learning About the Opponent's Case - the discovery process.
Adjudication With or Without a Jury - questions surrounding trial processes.
Preclusion, Joinder, and Supplemental Jurisdiction - managing claims and parties effectively during litigation.
Appeal - understanding the limits and procedures for appealing decisions.
H. Materials and Further Reading
Students are encouraged to refer to both the Federal Rules of Civil Procedure and relevant statutes that govern court procedures and jurisdiction.
The interplay between federal and state court systems and their procedures is a focal point for understanding civil action.