Monday, Aug. 21

Civil Procedure Law 102 Section 2

Michael Green Office: 260 Office Hours: MW 9:30-11:00

review sessions Th 3:30-5:00…?

Glannon, Perlman, & Raven-Hansen Civil Procedure: A Coursebook 3d ed

http://msgre2.people.wm.edu/civpro.htm

No laptops!

class notes

1) brief description of subject matter of course 1) brief description of subject matter of course a) why does Civ Pro seem to hard? b) three main themes in course 2) state and federal court systems

what is civil procedure?

procedure v. substance

civil v. criminal

sounds more boring than it is...

sounds more interesting than it is...

why is civil procedure so hard?

not familiar with activity being legally regulated

interdependencies

regulatory/statutory

dynamic

structure of legal system is central

federal v. state separation of powers (e. g. Congress v federal v. state separation of powers (e.g. Congress v. federal courts) state vs. state (e.g California v. New York) even international (e.g. France v. New York)

constitutional law statutory law Fed. R. Civ. P. common law

why is civil procedure so important?

“I'll let you write the substance “I'll let you write the substance...you let me write the procedure, and I'll screw you every time.” Rep. John Dingell, Jr.

three themes

balance: 1) accuracy 2) autonomy (and other interests, e. g balance: 1) accuracy 2) autonomy (and other interests, e.g. privacy) and 3) efficiency

structure of American legal system

statutory interpretation

state and federal courts

structure of court systems Federal Court System U.S. Supreme Court U.S. Court of Appeals E.g. 3rd Circuit U.S. District Court E.g. E.D. Pa. Virginia Court System Virginia Supreme Court Court of Appeal Circuit Court (also General District Court)

- Joe sues Jane in Virginia circuit court (a state trial court) under Virginia negligence law in connection with a car accident in Virginia - he loses - he appeals up the Virginia state court system to the Virginia Supreme Court, but still loses - is that the end of things?

- Joe sues Jane in E.D. Va. under Virginia negligence law in connection with a car accident in Virginia - he loses - he appeals to the 4th Circuit but still loses - is that the end of things?

subject matter jurisdiction (SMJ)

Joe (a Californian) and Fred (a Californian) get into a fight in a bar in San Francisco Joe sues Fred in Virginia state court is there SMJ?

state courts are courts of general subject matter jurisdiction

subject matter jurisdiction personal jurisdiction venue

how might SMJ problems arise in state court?

Joe (a Californian) and Fred (a Californian) get into a fight in a bar in San Francisco. Joe sues Fred in E.D. Va. is there SMJ?

what if the parties consent to SMJ?

Günter (a German) and Helmut (a German) get into a fight in a bar in Berlin Günter sues Helmut in Virginia state court is there SMJ?

Joe (a Californian) is arrested by Fred (a Californian) in San Francisco Joe sues Fred in Virginia state court for violations of his federal constitutional rights is there SMJ?

would there be SMJ in E.D. Va.?

rule: concurrent federal subject matter jurisdiction exception: exclusive federal subject matter jurisdiction

Congress passes a statute abolishing all federal district courts and federal courts of appeals constitutional?

U. S. Const. Art. III, Section 1 U.S. Const. Art. III, Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish….. Section 8. The Congress shall have power… To constitute tribunals inferior to the Supreme Court…

Congress passes a statute abolishing the Supreme Court constitutional?

Congress passes a statute giving federal district courts jurisdiction only over controversies between citizens of different states, not cases arising under federal law constitutional?

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.