Monday, Aug. 27

Civil Procedure Law 102 Section 2

Michael Green Office: 260 Office Hours: M 3:30-5:30

review sessions J.D.s W 3:30-5:00? L.L.M.s Th 3:30-5:00?

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

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

cancelled classes: Wed. Sept. 19 Thurs. Sept. 20 Mon. Nov. 12 Wed. Nov cancelled classes: Wed. Sept. 19 Thurs. Sept. 20 Mon. Nov. 12 Wed. Nov. 14 Thurs. Nov. 15

no laptops!

class notes

powerpoint slides

seating chart

1) brief description of subject matter of course 2) why does Civ Pro seem so hard? 3) intro to state and federal court systems 4) intro to subject matter jurisdiction

1) brief description of subject matter of course

what is civil procedure?

procedure v. substance

civil v. criminal

sounds more boring than it is...

sounds more interesting than it is...

focus on federal district courts

civil procedure is 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.

2) why does Civ Pro seem so hard?

not familiar with activity being legally regulated

source of law is central

federal procedural law: constitutional law statutory law Fed. R. Civ. P. common law state procedural law

3) intro to state and federal court systems

what was the status of the states right before the ratification of the Constitution?

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….. Art. I, Section 8. The Congress shall have power… To constitute tribunals inferior to the Supreme Court…

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 controversies … between citizens of different states … and between a state, or the citizens thereof, and foreign states, citizens or subjects.

Virginia State Court System Federal Court System U.S. Supreme Court U.S. Court of Appeals e.g. 4th Circuit U.S. District Court e.g. E.D. Va. Virginia State Court System Virginia Supreme Court Va. Court of Appeals Va. Circuit Court (also General District Court)

appeals

- Nicholas Agyevi-Armah sues Reilly Bayer in the Williamsburg/James City County Circuit Court under Virginia battery law - Nicholas loses - he thinks that Virginia law was misinterpreted by the circuit court - where does he appeal?

- Anthony Cusato sues Vaughn Himber in the Williamsburg/James City County Circuit Court under California battery law - Anthony loses - he thinks that California law was misinterpreted by the circuit court - where does he appeal?

Virginia State Court System Virginia Supreme Court Va. Court of Appeal Va. Circuit Court (also General District Court) California State Court System California Supreme Court Ca. Courts of Appeals e.g. 2nd District Ca. Superior Court

- Nicholas Agyevi-Armah sues Reilly Bayer in Federal District Court for the Eastern District of Virginia under Virginia battery law - Nicholas loses - he thinks that Virginia law was misinterpreted by the district court - where does he appeal?

Virginia State Court System Federal Court System U.S. Supreme Court U.S. Courts of Appeals e.g. 4th Circuit U.S. District Court e.g. E.D. Va. Virginia State Court System Virginia Supreme Court Va. Court of Appeals Va. Circuit Court (also General District Court)

- Abbey Block sues Helen Brewer in the Williamsburg/James City County Circuit Court for defamation under Virginia law - Abbey wins - Helen thinks that the circuit court wrongly rejected her argument that Virginia law violates the First Amendment - where does she appeal?

Martin v. Hunter’s Lessee, 14 U.S. 304 (1816)

so… - no appeal from state court to a sister state’s court system, even concerning sister state law - no appeal from federal court to a state court system, even concerning that state’s law - BUT appeal from a state court to the U.S. Supreme Court concerning federal law

4) intro to subject matter jurisdiction

subject matter jurisdiction personal jurisdiction venue

Nikhil Edward sues Daniel Folsom in Ohio state court under Virginia battery law is there SMJ?

how might Daniel object to the Ohio state court’s taking the case?

personal jurisdiction

Christopher Sanborn sues Melissa Ruby (a former NJ state trooper) in the Williamsburg/James City County Circuit Court for violation of his federal constitutional rights is there SMJ?

Jiaru Li sues Weizeng Lin in the Williamsburg/James City County Circuit Court under Chinese contract law is there SMJ?

state courts are courts of general subject matter jurisdiction

how might SMJ problems arise in state court?

- Anthony Cusato sues Vaughn Himber in the Federal District Court for the Eastern District of Virginia under California battery law - is there SMJ?

- federal question - diversity

what if Vaughn consent to SMJ?

Christopher Sanborn sues Melissa Ruby in the Federal District Court for the Western District of Virginia for violation of his federal constitutional rights is there SMJ? Is there PJ? any other problem?

venue

subject matter jurisdiction concerns whether the case is of a type that can be entertained by a court system personal jurisdiction concerns whether a court system has adjudicative power over a person venue concerns whether the case is in the right court within a court system

- state court systems have general subject matter jurisdiction - federal court system has limited subject matter jurisdiction - state and federal courts usually have concurrent subject matter jurisdiction over federal causes of action