Lessons by Subject Outline - Civil Procedure

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  • The Civil Procedure Index lists all CALI lessons covering Civil Procedure.

Subject Outline

  • Introduction/Overview
    • Historical origins
      • English common law
    • Sources of procedure - statutes
    • Writs
      • Defined
      • Importance
      • Relation to procedure
    • Equity
      • Defined
      • Procedures used in equity courts
    • Merger of law and equity
      • Result of merging law and equity in the US
      • Right to jury trial
  • Jurisdiction over the Parties
  • Subject Matter Jurisdiction
    • Selecting the proper court
    • Article III in general
    • Federal jurisdiction generally
      • Article III, Sec. 2
      • Relation of the 11th Amendment
      • Federal jurisdiction is narrowly defined
      • Concurrent jurisdiction
      • Exclusive jurisdiction
    • Issues of diversity
      • Diversity Jurisdiction (CIV32)
      • 28 USC sec. 1332(a)
      • Criticism of the doctrine
      • Complete diversity required
      • Proper parties
      • Determining citizenship
        • Natural persons including aliens
        • Corporations
        • Unincorporated associations
        • Time for determining citizenship
        • 28 USC sec. 1359
        • Creating and destroying diversity
    • Federal question
      • Article III limitations
      • Underlying policies
      • 28 USC sec. 1331 - arises under
      • Problems and criticisms of arising under rule
      • Effected by pleadings
      • Federal laws defined
      • United States as a party
    • Amount in controversy
      • Reason
      • Method to determine
        • Money damages sought
        • Non-monetary damages sought
        • Aggregating claims
        • Effect of counterclaims
        • Horton v. Liberty Mutual Ins. Co.
      • Federal question
      • Diversity
    • Supplemental subject matter jurisdiction
    • Removal to the federal courts
      • Removal and Remand: The Basics (CIV27)
      • Removal and Remand: Litigation Strategy (CIV45)
      • 28 USC sec. 1441 rather than Constitutional
      • Specialized removal provisions in particular circumstances
      • Venue
      • Relation to amount in controversy
      • Relation to state court’s jurisdiction
      • Ability to remove all of action because of a part
      • Applicability of remand when removal denied
      • Procedure for removal
      • Requirements for removal
      • Purpose for removal
    • Power to punish disobedience
  • Determining the Applicable Law
    • Basics/type of problem
      • Controlling law in federal courts
      • 28 USC  sec.1652
      • Selecting the proper state law
        • Conflicts laws
        • Klaxon
        • Transferred cases
        • Determining precedent for state law
      • Enforcement of federal law by state courts
    • Federal common law
      • Swift v. Tyson
      • Problems with Swift
      • Common law distinguished from common law in Swift
      • Application of state law as federal common law
      • When to apply federal common law
        • Subject matter jurisdiction
        • Personal jurisdiction in federal question cases
    • Erie doctrine
    • Post Erie and its problems
  • Pleading
    • At common law
      • Purpose
      • Different from modern practices
    • Modern pleadings
    • Federal Code of Civil Procedure
    • Modern federal complaint
    • Motions against complaint
    • Counterclaims, third-party claims, cross-claims
      • Defined
    • Answer
      • Generally
      • Admissions
      • Denials
      • Affirmative defenses
    • Reply
      • When required
      • Limitations to the reply
      • FRCP 7(a), 8(d)
    • Time for various pleadings (timeline and time permitted)
    • Amendment to pleadings
      • Types of pleading defects
      • Result of amending pleadings
      • Supplemental pleadings
    • Variance of proof
  • Discovery and Pretrial Conference
    • Discovery
    • Processes
    • Methods
      • Limitations to methods
        • Problems with subpoenas
        • Need to update discovery
        • FRCP 26(e)
      • FRCP 35 - examinations
      • Inspection of documents - FRCP 34
      • Request for admission
      • Interrogatories
      • Depositions
    • Orders and Sanctions
      • FCRP 37
      • Failure to comply with court order
      • Failure to appear at dep or to answer interrogatories
      • False denial in response to a request to admit
      • Failure to perform automatic disclosures
      • Motions
        • To require a response
        • To have matters deemed admitted
    • Use of results at Trial
      • FRCP 32
      • Depositions
        • Used by opponents
        • Contradict testimony
        • Unavailability
        • Inadmissible portions of a deposition
      • Answers to interrogatories
      • Admissions
    • Pretrial Conference
      • Defined
      • Purpose of a pretrial conference
      • FRCP 16
      • Settlement
      • Mandatory vs. discretionary conference – FRCP 16(b)
      • Procedural aspects
        • Pretrial order
  • Trial Procedure
    • Trial techniques
      • Jury trial
        • Availability of a jury trial
        • Procedures
        • Jury selection
        • Jury instructions
        • Jury verdicts
          • General verdict
          • Special verdict
          • Special verdict with interrogatories
        • Jury misconduct
      • Trials without jury
      • Burden of proof on parties
      • Presumptions
      • Preponderance of the evidence
      • Constitutional right to jury trial
    • Judgment as a matter of law - FRCP 50
    • New trial
      • Grounds
      • Court’s discretion
      • Review of grant or denial of new trial
    • Remedies - orders and judgments
      • Provisional judgments
        • Attachment
        • Preliminary injunctions
        • Receivership
        • Arrest
        • Pendency of litigation
      • Collecting judgments
        • Exemptions to collection
      • Contempt
        • Civil vs. criminal contempt
        • Appealability
    • Adjudication without trial
  • Multi-Party and Multi-Claim Jurisdiction
    • Joinder
      • A Review of Joinder Concepts (CIV11)
      • Joinder of Claims and Parties (CIV18)
      • Joinder of claims (FRCP 18, 13(a), (b) and 14)
        • Historically
        • Today’s practice
        • Distinguished from joinder of parties
        • Federal court concerns
          • Subject matter jurisdiction
          • Personal jurisdiction
          • Venue
      • Joinder of parties
        • Real party in interest
          • Common law
          • Equity
          • Today’s practice
          • Arguments for and against
          • Assignments
          • Subrogation
          • Failure to join real party in interest
          • Burden of proving
        • Capacity to sue or be sued
          • Distinguished from real party in interest
          • Burden of proving
          • FRCP 17
        • Joinder problems in federal courts
          • Controlling law
          • Jurisdiction
          • Venue
        • Proper party to joinder
          • Common law
          • Equity
          • Today’s practice
          • Tests used by courts:
            • Same transaction or occurrence
              • Common question of law or fact
          • FRCP 20
          • Common rule used by states
        • Joinder is compelled for some parties
          • When will a court compel joinder
            • Only way to get relief
            • Party has an interest in the subject matter
          • FRCP 20 Compulsory joinder
            • Competing interests
            • Permissive vs. necessary parties
          • Compulsory joinder test
            • Impair non-party’s interest
            • Threat of multiple liability
          • Joinder feasibility
          • Procedure
          • Joinder of different parties
            • Joinder of non-party as defendant
            • Joinder of involuntary plaintiff
        • Indispensable party
          • Past view
          • Today’s practice
          • FRCP 19
          • Determining indispensability
            • Possibility of prejudice to either party
            • Shaping relief
            • Possibility for adequate relief
            • Effect on plaintiff of dismissal
            • Defect in joinder
      • Consolidation of claims
        • FRCP 42(a)
        • Appealability of order denying consolidation
      • Severance of claims
        • When permitted
        • 28 USC sec. 1406
        • Appealability of order denying severance
      • Separate trials
        • FRCP 42(a)
        • Jury trials
        • Trials for liability vs. damages
        • Appealability of order denying separate trials
    • Class actions
      • Class Action Basics (CIV43)
      • Class actions
        • Defined
        • Historically
        • FRCP 23
        • Requirements
          • Identifiable class
          • Class rep must be a member of the class
          • Class size
          • Common questions of law and fact must exist
          • Claims or defenses of the class rep is typical of the class members
          • Does the class rep protect interest of all class members
        • FRCP 23(b)
        • Class action must be maintainable
        • Notice to absent class members
        • Class action judgment
          • FRCP 23(d)
        • Federal concerns
          • Subject matter jurisdiction
          • Personal jurisdiction
          • Venue
        • State court concerns
    • Intervention
      • Joinder of Claims and Parties (CIV18)
      • Intervention
        • Defined
      • Requirements
        • Interest
        • Impairment
        • Adequacy of representation
      • Permissive intervention
      • Timeliness of a motion to intervene
      • Procedural aspects
      • Federal court concerns
        • Subject matter jurisdiction
        • Personal jurisdiction
        • Venue
      • Motion to intervene - appealability of the order
    • Interpleader
      • An Interpleader Primer (CIV21)
      • Interpleader actions
        • Defined
        • Historically
        • Today’s practice
          • FRCPP 22
          • 28 USC secs.1335, 1297, 2361
          • Who can interplead
        • Requirements for interpleader remedy
          • Prerequisites
          • Determination of rights
        • Federal court concerns
          • Jurisdiction
            • Subject matter
            • Personal
          • Amount in controversy
          • Choice of law
    • Third party practice
      • Joinder of Claims and Parties (CIV18)
      • Third party practice
        • Historically
        • When are third party claims permitted
        • Procedural aspects
        • Rights of the third-party defendant
          • Plaintiff’s rights against the third party defendant
        • Federal court concerns
          • Jurisdiction
            • Personal
            • Subject matter
          • Venue
    • Cross-claims
      • Joinder of Claims and Parties (CIV18)
      • Cross-Claims
        • Defined
        • Requirements
          • Asserted against a co-party
          • Seek affirmative relief
          • A claim must already have been asserted against them
          • Same transaction or occurrence
        • Impact on statutes of limitations
        • Federal court concerns
          • Jurisdiction
          • Venue
        • State court practice
        • Joinder
    • Counterclaim
      • Joinder of Claims and Parties (CIV18)
      • Counterclaim
        • Historically
        • Opposing party concept
        • Permissive vs. compulsory counterclaims
        • Result of a failure to assert a compulsory counterclaim
        • Procedural aspects
        • Joinder
  • Appellate Review
    • 28 USC sec. 1291
    • Finality vs. interlocutory rulings
    • Finality
      • Defined
      • Exceptions to the rule
    • Timeliness
    • Appealability
    • Organization of the appellate system
      • State
      • Federal
  • Former Adjudication
    • Preclusion (CIV17)
    • Defined
    • Underlying policy
    • Impact of former adjudication
      • Benefits and burdens
    • Claim preclusion (a.k.a. res judicata)
    • Claim Preclusion (CIV40)
      • Underlying policy
      • Requirements
        • Cause of action
        • Final
        • On the merits
        • Same parties involved
      • Principles
      • Unascertainable damages
      • Merger or bar
      • Relation to counterclaim, cross-claim, or third party claim
      • Exceptions to application of the doctrine
    • Issue preclusion (a.k.a. collateral estoppel)
      • Issue Preclusion (CIV34)
        • Underlying policy
        • Compared to res judicata
        • Requirements
          • Same issue
          • Actually litigated
          • Necessarily determined
        • Exceptions to the application of the doctrine
        • Mutuality of the doctrine
    • Full Faith and Credit
      • When does it come into play
      • Constitutional basis
      • State to federal preclusion
      • Federal to state preclusion