Civil Procedure

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Civil Procedure by Mind Map: Civil Procedure

1. Defaults & Dismissals

2. Lex Loci Delecti

2.1. Location of Damage

3. Vertical Choice of Law (Erie Doctrine)

4. State v. Federal Courts

4.1. State

4.1.1. Reason for choice Elected judges General SMJ Jury pool more concentrated

4.1.2. Trial Court -typically multiple courts (district and circuit) Court of Appeals Supreme Court

4.2. Federal

4.2.1. Reason for choice Quicker resolution Judges have lifetime tenure under Article 3 Limited SMJ Jury pool more broad

4.2.2. District Court Circuit Court of Appeals US Supreme Court (With discretionary review)

5. Selecting a Court Topics

5.1. Jurisdiction over the Person (State law must authorize jurisdiction and exercise must be const.)

5.2. Subject Matter Jurisdiction

5.2.1. Courts power over particular types of claims Each claim must establish SMJ Limit is set by the US Constitution Federal courts have limited SMJ

5.2.2. Constitutional SMJ Suit which stems directly from the Constitution, federal laws or a treaty B/w a state and citizens of another state Where the US government is a party Cases of Ambassadors, public ministers, consuls. B/W a state (or citizens) and foreign states (or citizens) Admiralty law B/w Citizens of different states B/w different states

5.2.3. 28 USC § 1331 Federal Question SMJ

5.2.4. 28 USC § 1332 Diversity SMJ

5.2.5. 28 USC § 1367 Supplemental SMJ

5.2.6. Terminology Original V. Appellate Court where case may begin v. where case can be reviewed Exclusive v. Concurrent Only one particular court may hear v. both courts may hear the action (allowing the choice in forum)

5.3. Venue/Transfer/Forum Non Conveniens

5.3.1. Venue Place where the case will be tried General Rule: Venue is proper where any defendant resides, events or omissions occurred, or a substantial part of property is situated Unlike SMJ, Venue is waivable.

5.3.2. Transfer Staying in the system, but transferring locations. Same level, same system Original venue proper, but transfer for convenience to a venue where case might have been brought or to which parties consent. Original Venue Improper Transfers to venue where the case could have been brought to correct error

5.3.3. Forum Non conveniens Doctrine (of last resort) Venue is proper, but is so inconvenient and has no proper transfer place. Dismiss to refile where convenient

5.4. Removal

5.5. Substantive Due Process- Notice and the Opportunity to be heard.

5.5.1. Notice

5.5.2. Service of Process

6. Lex Loci Fori

6.1. Location of Forum

7. Purpose of

7.1. Rules that apply to civil litigation, just one of the ways to satisfy a lawsuit

8. Key Concepts

8.1. United States uses a Party System

8.1.1. Through party autonomy, parties plead and make motions

8.2. To plead is one of 7 documents about claims and responses to the claims

8.2.1. Complaint, Answer, Etc.

8.3. A motion is asking the court to do something (More time, sanctions, permission to bring witnesses)

8.4. Heart of party autonomy is the plaintiff's autonomy.

8.4.1. Plaintiff's autonomy is like "it's my party, I'll cry if I want to."

8.4.2. Plaintiff makes all major decisions, judge remains neutral, acting as a referee

9. Class Actions

10. Pre-Trial Case Management

10.1. Pleadings

10.2. Preclusion

10.2.1. Issue Preclusion

10.2.2. Claim Preclusion

10.3. Discovery

10.3.1. Scope of Discovery

10.3.2. Types of Discovery Interrogatroies Requests for Admissions Requests for Docmuments Depositions Protective Orders Subpoena

10.3.3. Discovery Limitations Privileges

10.3.4. Spoliation; Duty to Preserve

10.4. Adding more than Two Parties

10.4.1. Interpleader

10.4.2. Intervention

10.4.3. Joinder Simple "Garden Variety" Joinder Compulsory Joinder When a lawsuit has been filed and there is a person or entity (The absentee party) who have not been joined to the lawsuit as a party and failure to jin may adversely affect him and/or the parties to the lawsuits. 1. Is the absent party necessary or a required party to the lawsuit?(RULE 19(a)). 2. If the absentee is found to be a "required party" under 19(a) must be joined if feasible. (rule 19(b))` 3. If joinder of the required party is NOT FEASIBLE, then the court may decide (in equity and good conscience) if the party:

10.5. Summary Judgement

10.6. Affidavit

10.6.1. Sworn testimony of an affiant Must be made on Personal Knowledge Must set forth Facts that would be admissible at trial Must establish an affiant's competence to testify.

11. Trial Overview

11.1. Right to Jury Trial

11.2. Jury Selection

11.3. Judgement as Matter of Law

11.4. Controlling a Jury

11.5. Jury Instructions

11.6. New Trials

12. Right to Appeal