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USF LAW 600 - Civil Procedure – Duryee Outline

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CIVIL PROCEDURE OUTLINEThe Litigation ProcessThe three stages:- The pleading stage: the parties learn of the claims (plaintiff) and defenses (defendant) each side brings.o Plaintiff files a complaint against defendant.o Defendant’s Options (must be done within 30 days): Demurrer: defendant can file demurrer, or motion to dismiss to test the sufficiency of the plaintiff’s complaint.- challenge SMJ, PJ, SOP, venue. Answer: the defendant can admit or deny. Do nothing.- The discovery stage: the parties learn what the facts and evidence are of their opponent.o State v. Federal: Only in federal courts must each side disclose relevant information. In state court, you do not have to give information unless asked. - The resolution state: the parties resolve the case by settlement, legal motions, or by trial.JurisdictionPower of the court to issue binding rules on a case.Subject Matter JurisdictionSubject Matter Jurisdiction is the courts power over the types of cases they can hear. It can be challenged at any time during the case, even for the first time on appeal. Federal Subject Matter JurisdictionThe federal courts have limited SMJ. One of the following must be met for a case to be heard in federal court:- Diversity Jurisdiction 28 USC §1332(a)o Federal courts have jurisdiction over a claim if: there is diversity of citizenship between the parties- complete diversity: Strawbridge v. Curtiso “no plaintiff can be a citizen of the same state as any defendant.”- no plaintiff has the same domicile as any of the defendants.o domicile: state of citizenship the claim satisfies the amount-in-controversy requirement- damages must over $75,000o To meet the AIC, sometimes a plaintiff can aggregate – add together – any separate claims she has against a single defendant.- Co-plaintiffs CANNOT aggregate claims to meet AIC, nor can they aggregate defendantso Ex-patriots cannot sue in district courts because they are neither citizens of a state or of a foreign state. They are stateless.Mas v. Perry: you do not lose old domicile until you acquire a new one. - Federal Question Jurisdiction 28 USC §1331o District courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treatises of the United States. o Federal question cannot be brought up in a counter-claim.o Well-pleaded complaint: for FQ to be granted, a plaintiff’s well-pleaded complaint must state that the defendant directly violated some provision of the constitution or federal law.o Embedded Federal Issue: Grable test Does the state-law claim necessarily raise a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities? Grable v. Darue Engineering: π sues in state court alleging he didn’t receive proper notice of sale of his land. ∆ removed to federal court claiming it raised a FQ because it required interpretation of federal tax law.- Supplemental Jurisdiction: 28 USC 1367o In any civil action of which the district courts have original jurisdiction, the USDC shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the US Constitutiono Co-plaintiffs can join in a claim to meet AIC if supplemental jurisdiction is met (DIFFERENT FROM AGGREGATION)- Exclusive Jurisdiction: o Federal courts have exclusive jurisdiction over some cases ex: intellectual property casesState Subject Matter JurisdictionStates have a broad subject matter jurisdiction.Small Claims DivisionVenues that hear actions where there is no lawyer, and the damages are capped at $10,000.Limited JurisdictionCases for $25,000 or less.Unlimited JurisdictionCases over $25,000 Vocabulary WordsCertiorariReview of cases by SCOTUS.RemittiturWhen the trial judge reduces the amount in damagesCommon LawLaws that are made by courtsDomicileThe place one considers their permanent home and see yourself staying indefinitelyOriginal JurisdictionWhere case is filed, developed and tried.Rules28 USC §1332(a) Diversity JurisdictionFederal Dist. courts have original jurisdiction over all civil actions where sum of matter in controversy exceeds $75.000 and is citizens of different states. 28 USC §1331 Federal Question Jurisdiction“The district court shall have original jurisdiction of all civil actions arising under the constitution laws, or treaties of the United States.”28 USC §1441(a) RemovalTransfer of a case filed in state court to federal court. *Only defendant can remove and must remove within 30 days after initial pleading or waive right to remove. The case is automatically transferred to federal court.28 USC §1441 (b)(2) Removal Statute – ExceptionA civil action otherwise removable solely on the basis of the jurisdiction under 1332(a) may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the state in which such action is brought. Basically, you a defendant can’t remove if the case was filed in their own state because the basis for removal is to remove prejudice but they already have the advantage.- For example: P (CA) v. D (IL), D(NY) and P files in NY state court, it cannot be removed. - In-State/Forum State Exception28 USC §1447(c) RemandA motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under §1446(a).If it appears at any time that the district court does not have SMJ, it shall be remanded.28 USC §1390(a) Venue: refers to the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jdx of the federal district courts in general.28 USC §1391(b): Venue in general. A civil action may be brought in(1) a judicial district in which any defendant resides, if all ∆’s are residents of the state in which the district is located;(2) a judicial district in which a substantial part of the events of omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is


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