Civil Procedure Before Trial
● Substantive civil laws govern the rights and obligations of parties to one another. When disputes arise regarding those rights a
responsibilities, the parties must somehow resolve those disputes.
● How parties go about resolving those disputes in the legal system- from alternative dispute resolution through filing a lawsuit
and pretrial motions and discovery requests to conducting a trial- is all governed by the rules of civil procedure.
Arbitration- an out-of-court hearing before a neutral who listens to two or more disputing parties and renders a decision resolving the
dispute
Mediation- an informal, out-of-court dispute resolution process
Basic Outline of Pretrial Civil Procedure Steps:
● One party determines that a cause of action exists
● The proper court is chosen
● The plaintiff files a complaint in court and a summons is issued by the court
● The defendant is served with a copy of the complaint and summons
● The defendant either defaults or files an appropriate response to the complaint
● Both sides prepare for trial, normally by conducting discovery
● The trial date is set
Local Rules of Court- procedural rules adopted by an individual court for practice in that specific court
Cause of Action- the basis upon which a lawsuit may be brought to the court
If standing is your right to appear in court, a cause of action is basis for the lawsuit
● Also described as a factual situation that creates a legally recognized right to damages or other relief
● In torts you might have a cause of action for negligence or battery
● In contracts you might have a cause of action for breach of implied warranty or detrimental reliance
If the plaintiff has a cause of action, a civil court provides a remedy.
● Remedies- may include money damages, an injunction, or a judgement
● Injunctions- a court order requiring a party to take some action or to refrain from some action
● Judgements- a legal declaration of status from the court, ex: a judgement of divorce; adoptions are judgements; guilty verdict
a legal trial are judgments
● Case at Law- a civil action in which one party is seeking money damages
● Case in Equity- a civil case in which one party is seeking equitable or specific relief, such as specific performance of a contract
an injunction
-specific relief other than money damages
-specific performance of a contract, judgements and order in domestic cases, disposition of opposing real property claims, and
probate of estates
● In Mississippi cases in equity are handed by the Chancery Court, while cases at law are handled by the Circuit Court
Law or Equity?
● Employment discrimination- LAW
● Adoption- EQUITY
, ● Landline dispute- EQUITY and/or LAW
● Money damages for breach of contract- LAW
● Injunction for specific performance of a contract- EQUITY
● Restraining order against ex-boyfriend- EQUITY
● Battery claim against ex-boyfriend- LAW
● Demand for $50,000 bequest in a will- EQUITY- not money damages, specific request of the will
● Specific Relief- a court remedy in a civil lawsuit other than money damages, such as an injunction or specific performance
Jurisdiction- the power or authority to act in a certain situation; the power of a court to hear cases and render judgements
Whether a cause of action is a case at law or a case in equity is a jurisdictional question because Circuit Courts have the authority to h
the former and Chancery Court have authority to hear the latter
● Trial Jurisdiction vs. Appellate Jurisdiction- trial courts are said to have original jurisdiction
● Original Jurisdiction- the power to first hear a case
● Subject Matter Jurisdiction- the power of a court to resolve the kind of dispute in question
-cases at law versus cases in equity is a question of subject matter jurisdiction because each court has different authority to hea
the type of case
-Federal Question- a case that involves a federal law, either in statutes, in the Constitution, or in treaties
-Exclusive Jurisdiction- the sole power or authority to act in a certain situation
-Diversity of Citizenship- a basis for federal court jurisdiction where the plaintiff and defendant are residents of different states
and the amount in controversy exceeds $75,000
-Concurrent Jurisdiction- a term that describes situations where more than one entity has the power to regulate or act
-plaintiff may choose to sue the defendant in federal court or state court, but the defendant may file to have the case remov
to federal court from state court
-federal courts have sole jurisdiction over federal questions and some jurisdiction over diversity of citizenship
-if there is multiple parties on one side, and one of them is the same state as the other side, there is no diversity.
● Supplemental Jurisdiction- the power of the federal court to hear an issue which would normally belong in state court, is that
issue is incident to the adjudication of a federal question
● Personal Jurisdiction- authority over the person of the defendant in a case
-In addition to subject matter jurisdiction, the court in which a case is filed must also have personal jurisdiction.
-all court (state and federal) have personal jurisdiction over residents of that state; the question is usually whether a court has
personal jurisdiction over a non-resident person or corporation
-Specific Personal Jurisdiction- the lawsuit is based on acts that occurred in the state
-General Personal Jurisdiction- the defendant's affiliations with the forum state are "continuous and systematic"
Goodyear Dunlop Tires Operations, S.A. v. Brown:
● North Carolina residents filed lawsuit against Goodyear (Ohio company) over a bus accident in Paris, France.
● Their tires were almost exclusively distributed in Europe
● Court said that NC residents had general jurisdiction because the tires could reach NC through commerce
● SCOTUS disagreed, saying the specific tires in the bus crash were not in North Carolina- not close enough connection
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County:
● Group of (mostly) non-California residents sued BMS saying one of their drugs damaged their health
● BMS is incorporated in Delaware, headquartered in New York, and maintains substantial operations in New York and New Jers
● Substantive civil laws govern the rights and obligations of parties to one another. When disputes arise regarding those rights a
responsibilities, the parties must somehow resolve those disputes.
● How parties go about resolving those disputes in the legal system- from alternative dispute resolution through filing a lawsuit
and pretrial motions and discovery requests to conducting a trial- is all governed by the rules of civil procedure.
Arbitration- an out-of-court hearing before a neutral who listens to two or more disputing parties and renders a decision resolving the
dispute
Mediation- an informal, out-of-court dispute resolution process
Basic Outline of Pretrial Civil Procedure Steps:
● One party determines that a cause of action exists
● The proper court is chosen
● The plaintiff files a complaint in court and a summons is issued by the court
● The defendant is served with a copy of the complaint and summons
● The defendant either defaults or files an appropriate response to the complaint
● Both sides prepare for trial, normally by conducting discovery
● The trial date is set
Local Rules of Court- procedural rules adopted by an individual court for practice in that specific court
Cause of Action- the basis upon which a lawsuit may be brought to the court
If standing is your right to appear in court, a cause of action is basis for the lawsuit
● Also described as a factual situation that creates a legally recognized right to damages or other relief
● In torts you might have a cause of action for negligence or battery
● In contracts you might have a cause of action for breach of implied warranty or detrimental reliance
If the plaintiff has a cause of action, a civil court provides a remedy.
● Remedies- may include money damages, an injunction, or a judgement
● Injunctions- a court order requiring a party to take some action or to refrain from some action
● Judgements- a legal declaration of status from the court, ex: a judgement of divorce; adoptions are judgements; guilty verdict
a legal trial are judgments
● Case at Law- a civil action in which one party is seeking money damages
● Case in Equity- a civil case in which one party is seeking equitable or specific relief, such as specific performance of a contract
an injunction
-specific relief other than money damages
-specific performance of a contract, judgements and order in domestic cases, disposition of opposing real property claims, and
probate of estates
● In Mississippi cases in equity are handed by the Chancery Court, while cases at law are handled by the Circuit Court
Law or Equity?
● Employment discrimination- LAW
● Adoption- EQUITY
, ● Landline dispute- EQUITY and/or LAW
● Money damages for breach of contract- LAW
● Injunction for specific performance of a contract- EQUITY
● Restraining order against ex-boyfriend- EQUITY
● Battery claim against ex-boyfriend- LAW
● Demand for $50,000 bequest in a will- EQUITY- not money damages, specific request of the will
● Specific Relief- a court remedy in a civil lawsuit other than money damages, such as an injunction or specific performance
Jurisdiction- the power or authority to act in a certain situation; the power of a court to hear cases and render judgements
Whether a cause of action is a case at law or a case in equity is a jurisdictional question because Circuit Courts have the authority to h
the former and Chancery Court have authority to hear the latter
● Trial Jurisdiction vs. Appellate Jurisdiction- trial courts are said to have original jurisdiction
● Original Jurisdiction- the power to first hear a case
● Subject Matter Jurisdiction- the power of a court to resolve the kind of dispute in question
-cases at law versus cases in equity is a question of subject matter jurisdiction because each court has different authority to hea
the type of case
-Federal Question- a case that involves a federal law, either in statutes, in the Constitution, or in treaties
-Exclusive Jurisdiction- the sole power or authority to act in a certain situation
-Diversity of Citizenship- a basis for federal court jurisdiction where the plaintiff and defendant are residents of different states
and the amount in controversy exceeds $75,000
-Concurrent Jurisdiction- a term that describes situations where more than one entity has the power to regulate or act
-plaintiff may choose to sue the defendant in federal court or state court, but the defendant may file to have the case remov
to federal court from state court
-federal courts have sole jurisdiction over federal questions and some jurisdiction over diversity of citizenship
-if there is multiple parties on one side, and one of them is the same state as the other side, there is no diversity.
● Supplemental Jurisdiction- the power of the federal court to hear an issue which would normally belong in state court, is that
issue is incident to the adjudication of a federal question
● Personal Jurisdiction- authority over the person of the defendant in a case
-In addition to subject matter jurisdiction, the court in which a case is filed must also have personal jurisdiction.
-all court (state and federal) have personal jurisdiction over residents of that state; the question is usually whether a court has
personal jurisdiction over a non-resident person or corporation
-Specific Personal Jurisdiction- the lawsuit is based on acts that occurred in the state
-General Personal Jurisdiction- the defendant's affiliations with the forum state are "continuous and systematic"
Goodyear Dunlop Tires Operations, S.A. v. Brown:
● North Carolina residents filed lawsuit against Goodyear (Ohio company) over a bus accident in Paris, France.
● Their tires were almost exclusively distributed in Europe
● Court said that NC residents had general jurisdiction because the tires could reach NC through commerce
● SCOTUS disagreed, saying the specific tires in the bus crash were not in North Carolina- not close enough connection
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County:
● Group of (mostly) non-California residents sued BMS saying one of their drugs damaged their health
● BMS is incorporated in Delaware, headquartered in New York, and maintains substantial operations in New York and New Jers
