Civil Procedure Overview

Civil Law vs. Criminal Law

  • Criminal Law

    • Purpose: Holds individuals accountable for wrongs committed against society.

    • Outcome: Imprisonment, fines paid to the government, etc.

  • Civil Law

    • Purpose: Resolves disputes between individuals or entities (including businesses).

    • Outcome: May involve damages paid by the defendant to the plaintiff, injunctive relief, or declaratory relief.

Procedural Law vs. Substantive Law

  • Substantive Law

    • Purpose: Defines the rights and responsibilities of individuals and entities (e.g., contract principles, negligence, torts).

  • Procedural Law

    • Purpose: Establishes the rules for enforcing and applying substantive laws.

    • Example: Governs how disputes progress through the court system.

Key Concepts in Civil Litigation

  1. Why Litigate (or Not)?

    • Consideration: Remedies available.

  2. The Process of Litigation:

    1. Claims and Defenses

      • Key Documents: Pleadings, motions to dismiss.

    2. Investigation of the Case

      • Key Tool: Discovery.

    3. Necessity of a Trial

      • Key Decision: Judgment as a matter of law.

    4. Case Decision and Decision-Maker

      • Key Stage: Trial (decided by judge or jury).

    5. Appealability

      • Key Consideration: Whether the trial court's judgment can be appealed.

  3. Court's Powers and Limits

    1. Jurisdiction:

      • Types: Subject matter jurisdiction, personal jurisdiction, notice, and venue.

    2. Finality of Judgment:

      • Key Doctrines: Claim preclusion, issue preclusion.

    3. Addition of Parties and Claims:

      • Key Rule: Joinder.

Course Themes

  • Access to Courts

  • Fairness of Process

  • Justice or "Rightness" of Result

  • Efficiency (Time and Money)

  • Strategy and Incentives

Rule 1 Purpose:

  • Goal: "Just, speedy, and inexpensive determination" of actions.

  • 2015 Amendment Insight: Encourages "cooperative and proportional use of procedure."

Foundational Concepts

  • Court System Levels: District courts, appellate courts, Supreme Court.

  • Court System Structure: Federalism—state and federal court systems.

Importance of Civil Procedure:

  • Bar Exam Preparation

  • Litigation Practice

  • Client Dispute Resolution

  • Strategic Planning and Policy Considerations

Sources of Procedural Rules

  • Federal Rules of Civil Procedure (FRCP) and Appellate Procedure (FRAP):

    • Applicable in federal courts, sometimes supplemented by local rules or standing orders.

  • State Rules of Civil Procedure:

    • Vary by state; often influenced by federal rules.

  • Key Federal Statutes:

    • Judiciary Code in Title 28.

  • U.S. Constitution

  • Case Law:

    • Interpretation and application of procedural rules.

Rulemaking Process

  • Authority: Supreme Court, through a Standing Committee of the Judicial Conference, proposes rule amendments; Congress reviews and may reject.

  • Amendment Goals:

    • Simplicity in procedure

    • Fairness in administration

    • Just determination of litigation

    • Elimination of unjustifiable expense and delay

  • Significant Amendments:

    • Examples: 2006 and 2015 discovery changes, 2003 class action rule changes.

Approach to Learning Rules

  • Direct Engagement:

    • Read the actual rule, not just case interpretations.

    • If references other rules, review those as well.

  • Advisory Notes:

    • Provide context for amendments; highly useful.

  • Case Interpretation:

    • Some cases are seminal (e.g., Iqbal and Twombly; International Shoe), while others are illustrative.

    • Class Focus: Be prepared to discuss the rule's application within the case context.

Class Administration

  • Communication:

    • Include "Civ Pro" in the subject line of emails.

  • Office Hours:

    • Tuesdays, 3:30-5:30 PM, Green 533.

  • Class Etiquette:

    • Seating stabilizes by next Friday.

    • Laptops discouraged—back row if necessary.

    • No publishing slides, no recording, no commercial note-taking.

  • Daily Routine:

    • Attendance sheet and name tents.

  • First-Day Survey:

    • Complete if not already done.

Syllabus Guidelines

  • Before Class:

    • Complete readings, read rules, brief cases, work through problems.

  • Attendance:

    • 6 absences negatively affect your grade; may lead to failure.

  • Preparation:

    • Allowed two "passes" if unprepared; third pass counts as an absence.

  • Class Participation:

    • Engage in good faith, support peers. Correctness isn't as important as thoughtful participation.

  • Post-Class:

    • Outline, summarize, and discuss material with peers.

Grading

  • Final Exam:

    • Essay and multiple-choice; closed-book, except for notes and statute/rule book.

    • Law-school curve applies.

  • Attendance Impact:

    • More than 6 absences affect your grade.

  • Preparation Tips:

    • Optional mid-term for practice (no points).

  • Success Strategy:

    • Start early, form good habits, and consider study groups.

    • Balance preparation with synthesizing (e.g., outlining or group discussions).