Civil Procedure Professor Lonny Hoffman Outline for the First Day - - PowerPoint PPT Presentation

Civil Procedure

Professor Lonny Hoffman Outline for the First Day

Today’s Agenda:

• 1. What is this course about?
• 2. Why is procedure important?
• 3. Why is procedure hard and what

can be done about it?

• 4. Procedure as Strategy: WWV case
• 5. Looking Ahead

Today’s Agenda:

• 1. What is this course about?
• 2. Why is procedure important?
• 3. Why is procedure hard and what

can be done about it?

• 4. Procedure as Strategy: WWV case
• 5. Looking Ahead

Substance v. Procedure Examples of Substantive Questions:

• Is an uninvited guest who intrudes on another’s

land allowed to sue for injuries sustained there?

• What duties does a defendant owe to third-

parties, like bystanders, to an accident?

• When is a handshake deal an enforceable

contract?

• What damages are owed for a contract breach?

Examples o

• f P

Procedural Q Questions:

• What does it take to file a lawsuit?
• Where can the plaintiff bring suit?
• What must the defendant do after they’ve been

sued?

• Can either party ever prevail on their claim without

having to go to trial?

What C Civil P Procedure I Isn’t:

• Not administrative
• Not criminal procedure
• Mostly, our focus will be on the

Federal Rules of Civil Procedure, but we’ll touch on state procedural law

Today’s Agenda:

• 1. What is this course about?
• 2. Why is procedure important?
• 3. Why is procedure hard and what

can be done about it?

• 4. Procedure as Strategy: WWV case
• 5. Looking Ahead

Three Reasons Procedure is Important

Procedure is foundational because all your civil classes arise from various procedural postures that we study Course emphasizes universal essay exam skills applicable to this and most of your

• ther classes in law

school In procedural debates, many important principles are at stake that we’ll discuss in our study of the material

And one more reason Procedure is important:

Strategic Value

Today’s Agenda:

• 1. What is this course about?
• 2. Why is procedure important?
• 3. Why is procedure hard and what

can be done about it?

• 4. Procedure as Strategy: WWV case
• 5. Looking Ahead

Why i y is C Civil P Procedure s so h hard? Intuition a and V Visualization C Challenges

Stages of a Civil Case

Pleading S Stage Discovery S Stage Su Summar ary Judgment S Stage Trial S Stage Appeal S Stage

Why i y is C Civil P Procedure s so h hard a and w what c can b be done a about i it?

Mock exam problems, written assignments, in-class role-playing and the teaching assistants

Today’s Agenda:

• 1. What is this course about?
• 2. Why is procedure important?
• 3. Why is procedure hard and what

can be done about it?

• 4. Procedure as Strategy: WWV case
• 5. Looking Ahead

One aspect to this question involves what we call personal jurisdiction,

• r the power of the court over the

person (or non-natural legal entity, like a corporation or partnership) to render a binding judgment

If I want to sue Dan Defendant, where can I do that?

WWV Case

Personal J Jurisdiction

Suit filed in Oklahoma state court Robinsons v. Audi (Germany) VW of America (NJ) WWV (NY) Seaway (NY)

Massena NY

Creek County, OK Tucson, AZ

Creek County, OK Tucson, AZ

VW of America (NJ) Audi (Germany)

Massena NY

Beyond personal jurisdiction, you also have to sue in the proper venue In state court, venue is usually county-by-county

Other T Things L Lawyers M Must T Think A k About B Before S Suit

In federal court, venue is by judicial districts There are 254 counties in Texas There are 94 judicial districts which are in 12 regional circuits

Finally, the third important consideration: Subject Matter Jurisdiction In state court, SMJ is by subject matter and amount-in- controversy

Other T Things L Lawyers M Must T Think A k About B Before S Suit

$10,000 or less

Two most important sources: Federal Question Jurisdiction

Subject M Matter J Jurisdiction- Federal C Court

Diversity Jurisdiction Plaintiff v. Defendant NY v. Tx

Oklahoma State Court

Robinsons v. Audi (Germany) (AZ) VW of America(NJ) WWV (NY) Seaway (NY)

Th The WWV WWV Defendants’ O Other S Strategic M Move: Remo moval t to f federal c court b based o

• n d

diversity

Oklahoma State Court

Robinsons v. Audi (Germany) (AZ) VW of America(NJ) WWV (NY) Seaway (NY)

Th The WWV WWV Defendants’ P Personal J Jurisdiction A Argume ment

Oklahoma State Court

Robinsons v. Audi (Germany) (NY) VW of America(NJ) WWV (NY) Seaway (NY)

Oklahoma State Court

Robinsons v. Audi (Germany) (NY) VW of America(NJ) WWV (NY) Seaway (NY)

Th The WWV WWV Defendants’ P Personal J Jurisdiction A Argume ment

Today’s Agenda:

• 1. What is this course about?
• 2. Why is procedure important?
• 3. Why is procedure hard and what

can be done about it?

• 4. Procedure as Strategy: WWV case
• 5. Looking Ahead

For Tomorrow (Thursday, Aug 27)

• 1. Placing modern procedure in

historical context

• 2. Sources of Procedural Law

Communicating w with m me (e (excerpt f from m my s y syl yllabus)

Teaching A Assistants: 2L s students w who w will b be y your p primary T TA c contacts o

• utside o
• f c

class

Name Email Office hours Michelle Dueitt mdueitt@central.uh.edu Wed 12-1 pm; Fri 6-7 pm; Sat 12-2 pm; or by appt To Nhu Huynh tthuyn40@central.uh.edu Wed 8-9 pm; Th 5-6 pm; Sat 3-5 pm; or by appt Shantelle Jones sljone25@central.uh.edu Mon 5-6 pm Th 5-6 pm Sun 10 am-12 pm; or by appt Thomas Shattuck twshattu@central.uh.edu Sat 2-5 pm Sun 2-5 pm; or by appt

Teaching A Assistants: 3L s students ( (mostly w will h help u us i in-cl class) ss)

Name Email Brian Pounds bkpounds@central.uh.edu Robert Root rjroot@central.uh.edu