Civil Procedure Section 4 weeks 1 and 2 I II III IV Introduction a Other classes the case is pictured as an inverted triangle we start big with the broad facts of the case and narrow it down to a single holding which we then use to analyze other cases b In this case we start small at the point of the triangle with the statute and expand out into all the different facts and materials to which the statute can apply c Discussion leaders these are the people who will be called on typically for the material Didn t get to the reading will not be an acceptable answer d Use the assignment sheet as a roadmap for the outline e The first half of this court will be finding the right courthouse Sometimes there is more than one option and the right courthouse is a strategic course Introduction to the court systems a Basically a triangle at the base trial courts that handle the vast majority of cases In the middle level Intermediary appellate courts At the top with the lowest case load the highest courts courts of last resort b Appeal to the intermediary appellate court is typically a right An appeal to the court of last resort is typically discretionary court can decide for itself whether or not to hear your case c Federalist system makes things complicated because we have powers divided between two systems state and federal Each state court has a model like the one above Then there is overlap with the federal district courts trial court jurisdiction in special cases circuit court of appeals and SCOTUS SCOTUS also has review over state supreme courts Subject Matter Jurisdiction a Jurisdiction the power to decide an outcome in a certain case Nothing that happens at trial counts without jurisdiction Lack of jurisdiction is always a defense to a claim against you b State courts general jurisdiction They can hear almost anything unless there is a specific statute that takes that power away from them c Federal courts limited jurisdiction They have only the power that is delegated given to them by the constitution as it is further limited by the laws of congress Usually diversity jurisdiction and federal question jurisdiction d NOTE the casebook is dead ass wrong on the description of the Iowa Court System Refer to the supplemental materials Federal Jurisdiction a Art III Sec 2 Cl 1 of the constitution the judicial power shall extend to all cases in law and equity arising under this constitution the laws of the US and treaties made or which shall be made under their Authority etc etc Describes over which cases broadly federal courts will have jurisdiction over This is further subject to any limitations or exceptions Congress shall create through legislation There are 3 main types of jurisdiction once you add in Congress limitation subject matter federal question diversity jurisdiction and amount in controversy jurisdiction must exceed 75 000 dollars b Personal Jurisdiction Diversity Jurisdiction i Personal jurisdiction is the authority to pronounce judgment against the persons involved in the suit Federal courts have original jurisdiction authority to hear the trial first when there is diversity citizenship by state of those involved in the suit This is known as diversity jurisdiction ii Diversity jurisdiction includes alienage jurisdiction where a citizen of a foreign state can sue a citizen of the United States Federal District Courts have original jurisdiction to hear these cases iii The first jurisdiction given to the federal district courts was diversity jurisdiction Congress was concerned that controversies between persons of different states can create an implicit bias on one side or the other for the resident of the state in which the trial takes place Because federal district judges have lifetime tenure they do not need to worry about re election and can more fairly decide cases involving residents of their would be electorate body iv System can be gamed as far as selecting federal or state jurisdiction by carefully choosing parties residency incorporation headquarters of business representative of estate infant incompetent person v At this point in the class Professor Bauer wants you to know that a civil action is commenced by filing a complaint with the court FRCP 3 A claim for relief must contain 1 a short and plain statement of the grounds for the court s jurisdiction 2 a claim showing the pleader is entitled to relief and 3 a demand for the relief sought FRCP 8 The RS book also contains a series of forms demonstrating the language one would use to create this complaint In response to this complaint the defendant must file an answer with in 21 days 3 weeks FRCP 12 Penalty for failing to answer could lead to a default judgment against the defendant Lack of subject matter jurisdiction personal jurisdiction and amount in dispute jurisdiction are always always always valid defenses in a pleading Motion for dismissal for lack of jurisdiction is filed with the court For the majority of jurisdiction questions defense must be raised in the response to the case Lack of subject matter jurisdiction can be raised at any time vi Gordon vs Steele 1 The timeline a 2 25 72 p s injury b 6 16 72 emancipation Act c 8 9 72 off to college d 4 13 73 suit e 1 21 73 motion to dismiss f 5 31 24 decided 2 Gordon is suing Steele in federal court Steele is a college student who lives in Idaho who does not live a home with her parents and plans to keep supporting herself although it is not certain how long she will stay in Idaho Defendant responds to the suit by claiming lack of diverse citizenship This shifts the burden to the plaintiff to prove that she is a citizen of Idaho once that claim is challenged by the defendant In civil matters she only has to prove this by a preponderance of the evidence 51 3 Issue is diver an Idaho citizen at the time of the injury Maybe Ultimately she passes the domicile test The court declared that she was an Idahoan because of her intent to stay in Idaho and not return to her parents home Pennsylvania other than for the purpose of visiting getting medical treatment Defendant was based in Pennsylvania Therefore diversity jurisdiction is granted 4 On appeal issues of fact where her home is for the purposes of their place that she lives without any indication intent of moving are reviewed deferentially Appellate Courts don t care much for looking at evidence they see it as questions of law or fact This means that on appeal was there one the decision would not be addressed other than