Class 1 Notes

Civil Litigation

Read: Rule 7(A) 1-7

Page 266, Facts:

Torts Case, Personal Injury Case:
A. The Judgment will be for the Plaintiff for a Median of 48K
C. Not many cases go to trial and case may never come to Jury Selection
D. Not many of those federal cases and only a small % of those are diversity cases
E. Normally you would be trying smaller cases.

Remedies Facts:
Car Accident Injury Case:
Lawyer would want to Know:
A. Liability
B. What the client wants
C. Is there Insurance (Deep Pockets)
D. Financial displacement of the client
E. Damages and Extent of Harm

The Next Step: Rule 8
File a Pleading: Pleading rules require the plaintiff to say what he wants the court to do for him

Rule 8(a) Called the Prayer
Damages are most common "prayer"

Damages Sought From:
A. Defendants Assets - K Cases
B. Insurance - Tort Cases
C. Self Insurance
D. Indemnifiers

Amount of Damages and what damages your seeking may shape:
A. Court selection.
B. Other Parties (deeper pockets) to be joined
C. Depth of discovery
D. Settlement Strategy
E. Number and kind of expert witnesses
F. Bench or Jury Trial
G. Likelihood of Appeal

If done with INTENT:
A. Insurance may not cover Amy for Intent
B. Could create greater Punitive Damages

Suppose Amy starts Harassing Bruce: Further relief -
A. Temporary restraining order
B. Damages for Emotional Distress

Remedy Options for Amy taking Bruce's property:
A. Specific Relief
1. Replevine

Remedy for Amy planning to take property:
A. Specific Relief
1. Injunction

Controversy over Property:
A. Specific Relief
1. Quite Title

Substitutionary VS. Specifc Relief
Relief can either be Legal or Equitable

Legal:
Damages
Ejectment
Repliven
(a regular court would have provided)

Equitable
Injuction
quiet title
constructive trust
(a chancery court would have provided)

Equitable claims are tried in a Bench trial by a judge
Under Rule 52(A) Court must issue opinion or result with detailed assessment.

Costs of Lititgation:
A. Lawyers
B. Expert and Investigators
C. Filing Fess
D. Process Servers
E. Court Reporters
F. Photocopy
G. Technology
etc.

hIBRID sYSTEM:

A. Fess for Service
B. Fess Spreading
C. Fee Shifting Statutes
D. Legal Aid, Pro-Bono, Public Interest, Philanthropy

Class Action Law Suits

Non Fee Shift Cases
A. Divorce and Child Custody.

Pleading Grow from Clients Stories.
A. Human Story
Pleading system in which you operate determines how the story gets told base on what system see as relevant

Function of Pleadings:
1. Invoke Court Jurisdiction
2. Eliminate contentions with no legal signifigance
3. Notice of facts and nature of claims to:
    A. Parties
    B. Courts

Pages 333-334 Complaints:
Approaches to Pleading:
1. Writ Technical
2. Code - Specific and Detailed; allege facts; adhere to statutes; More fact based; In Code pleading states you will see Code Forms due to required detail.
FRCP - uses - Notice Pleading
1. Less specific
2. Doesn't significantly narrow any issues for trial
3. Doesn't require a particular form

Comparing Program Pleadings:
The more specificity requires the more difficult and expensive it is to draft a complaint.
Less Specificity delays the point at which defendant/plaintiff can learn key facts

Modern Pleading (federal courts)
Rule 1.
FRCP governs process for modern pleadings.
Efficiency

Rule 2.
Creates on form of action
abolishes common law writ system (courts of law and equity can be brought in same court)

Rule 8(d) 1
Allegations simple concise and direct
no technical; pleading forms are necessary

Rule 8(e)
All pleading should be construed to do substantial justice

Rule 3
A civil action is commenced by filing an action with the court

Filing Fee:
$350
seek court permission to proceed in forma pauperis

Rule 10:
A. Caption - Name of Parties (rule 7a pleading)
B. Paragraphs should be sperately numbered
 Single set of circumstances sperate paragraphs
C. adoption by reference and exhibits

Rule 84
Forms Sufficient

Rule 7(a) Types of pleading that may filed in federal court 1-7
http://www.law.cornell.edu/rules/frcp/Rule7.htm

Rule 8(a) What is required in claim:
http://www.law.cornell.edu/rules/frcp/Rule8.htm
1. Notice pleadfing
2. Flexible
3. Low barrier to entry

The Art of a Pleading:
Minimalist?
Avoiding providing to much information
Detail and Specificity?
Educate judge etc.

Complaints:
Guide for RCP include:
1.
2.
3,

Challenging Pleading:
Rule 12 Motions challenge
Rule 8 Defenses i.e. denials