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: • What duties does a defendant owe to third- parties, like bystanders, to an accident? • Is an uninvited guest who intrudes on another’s land allowed to sue for injuries sustained there? • When is a handshake deal an enforceable contract? • What damages are owed for a contract breach?
Examples o of 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 criminal procedure • Not administrative • 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 In procedural Procedure is Course emphasizes debates, many foundational universal essay important because all your exam skills principles are at civil classes arise applicable to this stake that we’ll from various and most of your discuss in our procedural other classes in law study of the postures that we school material study
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 Su Summar ary Trial S Stage Appeal S Stage Judgment S Stage Pleading S Stage Discovery 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
If I want to sue Dan Defendant, where can I do that? One aspect to this question involves what we call personal jurisdiction, or the power of the court over the person (or non-natural legal entity, like a corporation or partnership) to render a binding judgment
Personal J Jurisdiction WWV Case Suit filed in Oklahoma state court Robinsons v. Audi (Germany) VW of America (NJ) WWV (NY) Seaway (NY)
Massena NY Creek County, Tucson, OK AZ
Massena NY Creek VW of County, Tucson, America OK (NJ) AZ Audi (Germany)
Other T Things L Lawyers M Must T Think A k About B Before S Suit Beyond personal jurisdiction, you also have to sue in the proper venue In state court, venue is In federal court, venue is usually county-by-county by judicial districts There are 94 judicial There are 254 counties districts which are in in Texas 12 regional circuits
Other T Things L Lawyers M Must T Think A k About B Before S Suit Finally, the third important consideration: Subject Matter Jurisdiction In state court, SMJ is by subject matter and amount-in- controversy $10,000 or less
Subject M Matter J Jurisdiction- Federal C Court Two most important sources: Federal Question Diversity Jurisdiction 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 on 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)
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)
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 outside o of 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
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