Course Introduction Review Civil Procedure II Course Introduction Review

Course Introduction Assignment Categories Case Assignments: Surry v. The Fish Dish Class Participation Midterm Grade: The Trial Notebook Revision of Case Assignments already completed Additional items Final Grade: The Trial Notebook Organization Extra Credit

Surry v. The Fish Dish Everyone completes each assignment; however, you will respond to “opposing” side’s pleadings and motions. Thus, ensure your partner receives copies of the pleadings and motions (with certificates of service): Kay and Kaila Matthew and Kylee As the instructor, I will represent the Court

Review Parties: Standing: Legal right to sue Elements of a Statute Plaintiff: Files the lawsuit Defendant: Responds to the lawsuit Standing: Legal right to sue Statutes create standing in two ways: Statute explicitly states who can and cannot sue Plaintiff satisfies all of the elements Elements of a Statute Essential items which define a crime, tort, or other cause of action

Review Elements of Negligence Duty: Usually imposed by statute Examples: Duty to drive the speed limit; duty to drive carefully Breach of Duty: Usually defined by statute; sometimes interpreted by case law Examples: Failure to drive the speed limit; driving recklessly Harm/Damages: Sometimes defined by statute; sometimes interpreted by case law Examples: Physical injuries; mental anguish Causation: Two types of causal links Direct and Proximate Cause: Legal Cause “But For” Causation: Cause-in-Fact

Review Jurisdiction In personam Jurisdiction: Power and authority of a court over a person In rem Jurisdiction: Power and authority of a court over the property Quasi in rem Jurisdiction: Power and authority of a court over the person based on attachment of property In order for a court to hear a case, it must have one of these types of jurisdiction.

Review Jurisdiction, continued Subject Matter Jurisdiction: Power and authority of a court to hear a case based on the issues involved. Federal Question Jurisdiction: Power and authority of a Federal court to hear a case based on the Federal issues involved (Article III, sec. 2). Diversity Jurisdiction: Power and authority of a Federal court to hear a case based on citizenship (Article III, sec. 2) and amount in controversy (28 U.S.C. §1332). The court must also have one of these types of jurisdiction in order to hear a case.

Review Jurisdiction, continued Original Jurisdiction: Power and authority of a court to hold a trial, review evidence, empanel a jury, and make decisions of fact and law. Appellate Jurisdiction: Power and authority of a court to review lower court decisions for legal errors General Jurisdiction: Power and authority of a court to hear many different subject matters Limited Subject Matter Jurisdiction: Power and authority of a court to hear only certain subject matters, as determined by statute. Example: Traffic Court, Bankruptcy Court, and Small Claims Court Pendent Jurisdiction: Power and authority of a court to hear all issues arising out a single set of facts, regardless of whether the issue is normally under the court’s jurisdiction, as long as it had power and authority to hear the other issues involved. Ancillary Jurisdiction: Power and authority of a court to hear all to hear all third-party issues, regardless of citizenship, as long as it had power and authority to hear the original issue.

Review The American Court System U.S. Supreme Court Art. III Appellate Jurisdiction Original Jurisdiction Final decisions on matters of federal law State Supreme Court Appellate Jurisdiction Final decisions on matters of State law Appeal Military Courts Art. II Original Jurisdiction Appellate Courts Appellate Jurisdiction Territorial Courts Art. IV Original Jurisdiction U.S. Courts of Appeal Created by Congress pursuant to Art. III Appellate Jurisdiction Administrative Courts Appellate Jurisdiction Original Jurisdiction State Trial Courts Original Jurisdiction Jury or Bench Trial May be specialized based on subject-matter jurisdiction, such as Family, Criminal, Torts, Environmental, etc. Administrative Courts Art. III Appellate Jurisdiction Original Jurisdiction Removal Federal Trial Courts Created by Congress pursuant to Art. III Original Jurisdiction District Courts and Courts with Specialized jurisdiction, such as Bankruptcy and International Trade. Municipal Courts Original Jurisdiction Bench Trial Small Claims and Traffic

Review Governing Laws: Federal Constitution Federal Rules of Civil Procedure (FRCP) United States Code, Title 28 Available at: http://www.law.cornell.edu/uscode/text/28 Oregon Rules of Civil Procedure (ORCP) Supplemental Local Rules Uniform Trial Court Rules Oregon Laws available at: http://courts.oregon.gov/OJD/selfhelp/index.page?