1. Course Introduction Review
Civil Procedure II
Course Introduction
Review

2. 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

3. 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

4. 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

5. 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

6. 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.

7. 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.

8. 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.

9. 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

10. Review Governing Laws: Federal Constitution
Federal Rules of Civil Procedure (FRCP)
United States Code, Title 28
Available at:
Oregon Rules of Civil Procedure (ORCP)
Supplemental Local Rules
Uniform Trial Court Rules
Oregon Laws available at: