This is chapter 13 of the course LA 201. This chapter covers the Civil Pre-Trial Procedures. These notes are very thorough, organized, and color-coded. They include notes taken from the book (black) and notes from in class (red). I made an A in this class and made 100's or above on all tests, inclu...
Civil Procedure Before Trial
● Substantive civil laws govern the rights and obligations of parties to one another. When disputes arise regarding those rights a
responsibilities, the parties must somehow resolve those disputes.
● How parties go about resolving those disputes in the legal system- from alternative dispute resolution through filing a lawsuit
and pretrial motions and discovery requests to conducting a trial- is all governed by the rules of civil procedure.
Arbitration- an out-of-court hearing before a neutral who listens to two or more disputing parties and renders a decision resolving the
dispute
Mediation- an informal, out-of-court dispute resolution process
Basic Outline of Pretrial Civil Procedure Steps:
● One party determines that a cause of action exists
● The proper court is chosen
● The plaintiff files a complaint in court and a summons is issued by the court
● The defendant is served with a copy of the complaint and summons
● The defendant either defaults or files an appropriate response to the complaint
● Both sides prepare for trial, normally by conducting discovery
● The trial date is set
Local Rules of Court- procedural rules adopted by an individual court for practice in that specific court
Cause of Action- the basis upon which a lawsuit may be brought to the court
If standing is your right to appear in court, a cause of action is basis for the lawsuit
● Also described as a factual situation that creates a legally recognized right to damages or other relief
● In torts you might have a cause of action for negligence or battery
● In contracts you might have a cause of action for breach of implied warranty or detrimental reliance
If the plaintiff has a cause of action, a civil court provides a remedy.
● Remedies- may include money damages, an injunction, or a judgement
● Injunctions- a court order requiring a party to take some action or to refrain from some action
● Judgements- a legal declaration of status from the court, ex: a judgement of divorce; adoptions are judgements; guilty verdict
a legal trial are judgments
● Case at Law- a civil action in which one party is seeking money damages
● Case in Equity- a civil case in which one party is seeking equitable or specific relief, such as specific performance of a contract
an injunction
-specific relief other than money damages
-specific performance of a contract, judgements and order in domestic cases, disposition of opposing real property claims, and
probate of estates
● In Mississippi cases in equity are handed by the Chancery Court, while cases at law are handled by the Circuit Court
Law or Equity?
● Employment discrimination- LAW
● Adoption- EQUITY
, ● Landline dispute- EQUITY and/or LAW
● Money damages for breach of contract- LAW
● Injunction for specific performance of a contract- EQUITY
● Restraining order against ex-boyfriend- EQUITY
● Battery claim against ex-boyfriend- LAW
● Demand for $50,000 bequest in a will- EQUITY- not money damages, specific request of the will
● Specific Relief- a court remedy in a civil lawsuit other than money damages, such as an injunction or specific performance
Jurisdiction- the power or authority to act in a certain situation; the power of a court to hear cases and render judgements
Whether a cause of action is a case at law or a case in equity is a jurisdictional question because Circuit Courts have the authority to h
the former and Chancery Court have authority to hear the latter
● Trial Jurisdiction vs. Appellate Jurisdiction- trial courts are said to have original jurisdiction
● Original Jurisdiction- the power to first hear a case
● Subject Matter Jurisdiction- the power of a court to resolve the kind of dispute in question
-cases at law versus cases in equity is a question of subject matter jurisdiction because each court has different authority to hea
the type of case
-Federal Question- a case that involves a federal law, either in statutes, in the Constitution, or in treaties
-Exclusive Jurisdiction- the sole power or authority to act in a certain situation
-Diversity of Citizenship- a basis for federal court jurisdiction where the plaintiff and defendant are residents of different states
and the amount in controversy exceeds $75,000
-Concurrent Jurisdiction- a term that describes situations where more than one entity has the power to regulate or act
-plaintiff may choose to sue the defendant in federal court or state court, but the defendant may file to have the case remov
to federal court from state court
-federal courts have sole jurisdiction over federal questions and some jurisdiction over diversity of citizenship
-if there is multiple parties on one side, and one of them is the same state as the other side, there is no diversity.
● Supplemental Jurisdiction- the power of the federal court to hear an issue which would normally belong in state court, is that
issue is incident to the adjudication of a federal question
● Personal Jurisdiction- authority over the person of the defendant in a case
-In addition to subject matter jurisdiction, the court in which a case is filed must also have personal jurisdiction.
-all court (state and federal) have personal jurisdiction over residents of that state; the question is usually whether a court has
personal jurisdiction over a non-resident person or corporation
-Specific Personal Jurisdiction- the lawsuit is based on acts that occurred in the state
-General Personal Jurisdiction- the defendant's affiliations with the forum state are "continuous and systematic"
Goodyear Dunlop Tires Operations, S.A. v. Brown:
● North Carolina residents filed lawsuit against Goodyear (Ohio company) over a bus accident in Paris, France.
● Their tires were almost exclusively distributed in Europe
● Court said that NC residents had general jurisdiction because the tires could reach NC through commerce
● SCOTUS disagreed, saying the specific tires in the bus crash were not in North Carolina- not close enough connection
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County:
● Group of (mostly) non-California residents sued BMS saying one of their drugs damaged their health
● BMS is incorporated in Delaware, headquartered in New York, and maintains substantial operations in New York and New Jers
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller emmagheathcott. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.49. You're not tied to anything after your purchase.
