INTRODUCTION TO THE COURT SYSTEM Chapter 1

What Is Civil Law? Cases brought by individuals (including corporations—a “person” for procedural purposes) against other individuals. Purpose is to enforce a right or sue for damages. Includes, but is not limited to: Defamation suits Employment litigation Breach of contract disputes Product liability

Parties In Civil Litigation Plaintiff Initiates suit Defendant Being sued

Civil Litigation Pleadings Generally, the same required in each jurisdiction, although the names by which they are called may differ. The particular pleadings required/permitted in a given jurisdiction may be found by locating the applicable procedural rules. If you are in state court in Louisiana, refer to the Louisiana Rules of Civil Procedure. If you are in federal court (in any jurisdiction), refer to the Federal Rules of Civil Procedure.

Pleadings in Louisiana Petitions (same thing as a Complaint) Exceptions (i.e., challenging court’s jurisdiction) Written Motions Answers La. C. Civ. P. Art. 852

Pleadings In Federal Court Complaint Answer Reply to a counterclaim Answer to a cross-claim Third party complaint Third party answer Court may order a reply to an answer to a third party answer No other pleading shall be allowed. Fed. R. Civ. P. 7

Caption Helpful to inform as to type of case. Differs with respect to type of lawsuit: Plaintiff A v. Defendant B (civil) State v. Defendant (criminal) United States v. Defendant (criminal) In re Petitioner (bankruptcy)

Caption Contents Full legal name/title of all plaintiffs and defendants; Identify all named parties as either plaintiffs or defendants; The court in which the action is pending; Title of Pleading (Petition, Answer, etc.); and Civil action number/Case Number. Will not have one initially. Court will notify you. Once received, this number must be contained on all subsequent pleadings and filings in the case.

Civil Litigation Process Complaint Filed Answer Discovery Motion Dismissal or File Answer… Plaintiff Intiates Defendant Responds …

Burdens of Proof Reasonable Doubt Substantial certainty Clear and Convincing Evidence More likely than not Preponderance of the Evidence

Purpose Of Jury In Civil Litigation To determine whether one party is liable to another. And if so, to determine the amount of monetary damages (if any) to be awarded to the plaintiff for his/her losses. Damages seek to compensate a party for his or her losses.

Sources Of Legal Authority U.S. Constitution State Constitution Statutes Federal statutes are contained in the United States Code (U.S.C.) or United States Code Annotated (U.S.C.A.) Administrative Regulations Louisiana statutes are contained in the Codes. Local ordinances – (i.e., liquor laws, housing) Case Law

U.S. Constitution The supreme law of the land. With respect to the study of the procedures relevant to civil litigation, the U.S. Constitution does not provide much guidance. It does, however, relate to the area of subject matter jurisdiction. All governmental power flows from the U.S. Constitution. Establishes and empowers the various branches of the government. Reserves any power not specifically vested in the federal government for the states.

State Constitution Must comply with the U.S. Constitution. May provide greater rights than those specified in the U.S. Constitution; at a minimum, must provide the rights and protections specified in the U.S. Constitution. The highest state law. Does not provide much guidance with respect to the procedures relevant to civil litigation.

Statutes The power to make law is vested in the legislative branches of the state and federal government. The U.S. Congress composes the legislative branch of the federal government. U.S. House of Representatives U.S. Senate The Louisiana Legislature composes the legislative branch of our state government. Louisiana House of Representatives Louisiana Senate

Administrative Rules and Regulations Have the force of law. Violations of administrative rules and regulations range from suspended licenses and fines, to criminal sanctions.

Case Law Judge-created interpretations of the law. Published opinions by the court that explain and expand on statutes and other sources of law.

Jurisdiction Synonymous with “power” The power of a court to decide issues in the case and impose those decisions on the parties. Two major types of jurisdiction: Subject Matter Jurisdiction (SMJ) Personal Jurisdiction (PJ)

Subject Matter Jurisdiction Court has the power to hear the issues raised in the dispute and make binding rulings on those issues. Derives from the U.S. Constitution, which provides in part: Federal Question = Federal Courts Diversity of Parties + AIC = Federal Courts Everything else = State Courts

Federal Question 28 U.S.C. §1331: Federal Question The district courts shall have ORIGINAL JURISDICTION of all civil actions arising under the Constitution, laws, or treaties of the United States.

Diversity Jurisdiction 28 U.S.C. §1332: Diversity of Citizenship a) The district courts shall have ORIGINAL JURISDICTION of all civil actions where: 1. the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, AND 2. is between: i. citizens of different states; ii. citizens of a State and citizens or subjects of a foreign state; In order for a federal court to properly exercise SMJ based on diversity, both the AIC and diversity requirement must be met at the time matter is initiated.

Personal Jurisdiction The court’s power over an individual. Court may acquire such power through various means including but not limited to: the domicile of a party, a party’s physical presence in the forum, consent to the court’s authority, minimum contacts, property ownership in the forum. Important to make sure that court in which pleadings are filed can exercise personal jurisdiction over the defendant. Otherwise, any decision rendered is not binding.

PJ: Physical Presence Defendant served with process while within the physical borders of the forum? If so, exercise of personal jurisdiction likely proper. If not, defendant may be able to challenge the court’s exercise of personal jurisdiction by moving to dismiss for lack of personal jurisdiction. “Catch Me If You Can” Generally speaking, presence + service within the forum will be enough for a valid exercise of personal jurisdiction.

PJ: Domicile/Residence Is defendant a domiciliary of the forum? Or, in other words, is defendant domiciled in the forum? If yes, exercise of personal jurisdiction likely proper. If not, defendant may be able to challenge the court’s exercise of personal jurisdiction by moving to dismiss for lack of personal jurisdiction. A domicile is a permanent residence in a particular area. Evidence of domicile: license registration, mail, employment, length of time. A court may exercise personal jurisdiction over a party whose domicile is within the court’s jurisdiction.

PJ: Property Ownership Does Defendant own property located in the forum? If so, exercise of personal jurisdiction might be proper. If not, defendant may challenge the court’s exercise of personal jurisdiction by filing a motion to dismiss for lack of personal jurisdiction. In rem jurisdiction. This is personal jurisdiction based solely on the presence of property. Limitations apply.

PJ: Consent Parties may voluntarily submit to a court’ s jurisdiction. Plaintiff submits to a court’s jurisdiction when it files its Complaint/Petition. Defendant may consent by responding to the Plaintiff’s Complaint/Petition without challenging the court’s jurisdiction.

PJ: Minimum Contacts A court may acquire personal jurisdiction over a particular defendant who has had sufficient minimum contact with the forum state to justify a finding that the party has submitted to the court’s personal jurisdiction. Developed from International Shoe Co. V. Washington, 326 U.S. 310 (1945), in which the Supreme Court developed a test to determine whether a defendant had sufficient minimum contacts to justify the exercise of personal jurisdiction over the defendant.

Federal And State Court Systems (see Whiteboard)

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