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Initial Strategy - Civil Procedure - Lecture Slides, Slides of Civil procedure

Alliance UniversityCivil procedure

These are the lecture slides of Civil Procedure. Key important points are: Initial Strategy, Carpenter, Available Remedies, Represent a Client, Complaint, Pleading, Civil Action Commenced, Relevant Rule, Complaint, Measured From Filing

Typology: Slides

2012/2013

Uploaded on 01/26/2013

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WRAP-UP OF FRIDAY’S CLASS
•Introduction of the case of Carpenter v. Dee
•Simulation of initial strategy session in
Carpenter v. Dee to learn how civil litigators
brainstorm causes of action, parties and
available remedies before choosing to
represent a client.
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Download Initial Strategy - Civil Procedure - Lecture Slides and more Slides Civil procedure in PDF only on Docsity!

WRAP-UP OF FRIDAY’S CLASS

  • Introduction of the case of Carpenter v. Dee
  • Simulation of initial strategy session in Carpenter v. Dee to learn how civil litigators brainstorm causes of action, parties and available remedies before choosing to represent a client.

WHAT WILL WE LEARN TODAY?

  • Introduction to pleading: the complaint

COMMENCING A CIVIL ACTION

  • How is a civil action commenced? By filing a complaint with the court
  • What is the relevant rule that tells us the answer to this question? FRCP Rule 3
  • How do you file?
  • Why does the date of a civil action matter? Note it is measured from filing not service
  • How do you file?

What’s a Pleading?

  • See Rule 7

PLEADING: THE COMPLAINT

  • Conley v. Gibson , 355 U.S. 41 (1957)
  • Who are the parties? Describe the nature

of their substantive law dispute

  • What procedural stage has this action

reached at the time of the Supreme

Court opinion?

  • What are the legal arguments made by

respondents?

Respondents’ Arguments

  • Jurisdiction
  • Indispensable Party (railroad)
  • 12(b)(6): failure to state a claim

CONLEY V. GIBSON

THE HOLDING

• What is the holding of the Supreme

Court?

• In your opinion, how do policy issues

affect the Supreme Court’s decision in

this case?

• What is the effect of the Supreme

Court decision?

IMPORTANT CONCEPT: “NOTICE

PLEADING”

• FRCP Rule 8(a) (statement of claim)

• Why doesn’t Rule 8(a) use the words

“facts” or “causes of action”?

• How specifically must the plaintiff

plead her claim?

• FRCP Rule 8(e) (alternative claims)

• FRCP Rule 8(f) (construction of

pleadings) Docsity.com

DRAFTING A COMPLAINT

  • How passionate or dramatic should a complaint be?
  • See revised complaint in Kendrick v. Moss
  • Is Professor Eastman correct when he states “it sure beats notice pleading”? Why or why not?
  • Who is the audience for a complaint?
  • Compare Eastman’s Kendrick Complaint with Complaint in in Carpenter v. Dee

SUMMARY: WHAT YOU SHOULD

HAVE LEARNED TODAY

  • You should understand the purposes of pleading
  • You should understand the concept of notice pleading and be familiar with the requirements of FRCP 8(a), (e) , and (f).
  • You should also be familiar with FRCP Rule 3 and 7