Civ Pro Outline

Civil Procedure Outline

Jurisdiction Exclusive:

* If you can file on only one of them: State OR Federal courts.

Jurisdiction Concurrent:

* If you can file on BOTH courts: State and Federal Courts.

Case arrives under Federal Law?

* US Congress makes the law (Constitution, Statutes, Regulation, and National Interest cases).

Substantive Law = Torts, Contracts and Property…

Procedural Law = Civil Procedure

“No vehicles on the park case”

* State ordinance

* Citizens diversed? Met $75k limit?

* Where to file? Miami or Fort Lauderdale?

* Look where districts are covered by who

* Look at STATUTES to see where to file (where’s appropriate)

* File where resides

* Venue consideration: Convenience for defendant.

* 1 or more proper venues

* Citizens from different states

How to serve process?

* FRCP = Federal Rule Civil Procedures

* Good service process

* Federal Ct in Miami: US Dist Ct. of Southern Dist of Florida, Miami, FL

* Or: 11th Judicial Dist of Fl. Circuit Courts.

receives claim/complaint

* Got answer in 21 days or so. If you don’t answer, DEFAULT ( may win)! Ex: foreclosures.

* Check Causes of Action: Negligence (count I), Negligence Per Se (count II), Negligent Infliction of Emotional Distress (count III).

answers to complaint:

* Admit

* Deny

* Not enough knowledge / Lack information

* If wrong, try to settle right away for less.

* Deny Ex: Is segway a vehicle? (Look at statute for answer)

* Purpose of Miami Beach ordinance

* Motor vehicles

* Look state law/statute

* What a vehicle is? Dictionary!

Possible to DISMISS Case

* Not a NY citizen anymore.

* Federal ct: Lack of subject matter jurisdiction

* Then file: State Ct.

* You can possibly file: Motion for Summary Judgment (failure to state a claim)

* You can possibly file: Motion to...