CIVIL PROCEDURE
CLASS 4 (8/30/01)
READING AND BRIEFING
CASES
Columbus School of Law
The Catholic University of America
Professor Fischer
WHAT WILL WE LEARN
TODAY?
• 1. A few more points on briefing cases
• 2. Introduction to Carpenter v. Dee. We will
use the Carpenter v. Dee case files to learn how
to choose a cause of action. We will learn how
litigators think when a case is first presented to
them, through a simulation of a strategy
meeting between a senior partner and an
associate in a law firm.
• 3. Introduction to pleading: the complaint
• 4. Time permitting, we will do a short in-class
exercise on reading rules
WRAP-UP OF CLASS OF
8/28/00
In Tuesday’s class, we learned how to brief
a case, using United States v. Hall as an
example. Briefing in an important skill
that will help you to analyze the
procedural court opinions you read for
this class, as well as substantive court
opinions you read for other law school
classes. Developing an effective briefing
method will serve you well in preparing
for Civil Procedure classes.
Contents of a Brief
• BACKGROUND Identify parties, court, year
of decision, name
• PROCEDURAL HISTORY What procedural
stage of litigation? What previously happened
procedurally?
• REMEDIES sought
• PARTIES’ ALLEGATIONS
• KEY FACTS identified by the court
• KEY LEGAL DOCTRINES relied on by court
in making decision
• KEY POLICY INTERESTS at stake
• HOLDING (main idea)
• EFFECT OF DECISION
What are the key policy interests
at stake in U.S. v. Hall?
What are the key policy interests
at stake in U.S. v. Hall?
•
•
•
•
Protecting rights of African Americans
Furthering integration
Note complexity regarding race
Underlying: due process and fairness. Hall would
not have notice of hearing if injunction ex parte,
nor, as non-party, even if it were inter partes.
• 2 important themes we will see recurring in our
study of procedure:
• 1. Tension between formal rules and policies
• 2. Power of courts – by stretching rules, court
enlarges its own power
What is the holding of U.S. v.
Hall?
What is the holding of U.S. v.
Hall?
• My statement of the holding is as follows:
• A court has the power to hold in contempt a
non-party who violates an ex parte
restraining order in a school desegregation
case, provided that the non-party has notice
of the order.
BRIEFING: SUMMARY
• Make sure your brief includes the name
of case, court, year of decision,
procedural history, allegations of the
parties, key facts identified by the court,
key legal doctrines relied on by the court
in making its decision, key policy
interests at stake, main idea of the case.
Duval County: The Litigation
Continues
• The Duval County school desegregation
litigation is still ongoing, after more than 40
years
• In 1999, a federal district judge ruled that
the district was unitary
• Jacksonville branch of NAACP appealed
this ruling
• In March, 2001, a three-judge panel of the
U.S. Court of Appeals for the Eleventh
Circuit heard argument
Carpenter v. Dee: Choosing a
Cause of Action
• You are an associate in a Boston law firm called
Needham, Shaker and Coblentz
• The senior partner, Carol Coblentz, sends you her
initial memorandum (CB 1033)
• After you read the memo, Carol calls you into her
office for a strategy meeting on (a) the causes of
action that may be available to Nancy Carter and
(b) who are possible defendants, if the firm
chooses to represent Ms. Carter
Key Facts
• What are the key facts in the memo?
Key Facts
• In 1985 Charlie Carpenter (25) was killed in a car
accident.
• Jeep overturned. Driven by Randall Dee
• Modifications to jeep
• CC survived by pregnant wife
• Dee conveyed half-interest in a home to brother
Peter (?)
• Jeep owned by girlfriend Twyla Burrell.
• Insurance on jeep was statutory minimum
($10,0000)
• Dee stopped by Lowell police on several
occasions
• Dee convicted on 4 counts in criminal court
QUESTION ONE
• WHO SHOULD BE THE
PLAINTIFF(S)?
QUESTION TWO
• WHO IS/ARE THE POSSIBLE
DEFENDANT(S) AND WHAT IS/ARE
THE CAUSE(S) OF ACTION AGAINST
EACH DEFENDANT?
QUESTION THREE
• WHAT ADDITIONAL INFORMATION
DO WE NEED?
QUESTION FOUR
• HOW WILL WE GET THIS
ADDITIONAL INFORMATION?
QUESTION FIVE
• WHAT REMEDIES ARE AVAILABLE?
QUESTION SIX
• SHOULD WE TAKE THIS CASE?
PLEADING
• What is pleading?
• What are the possible functions of
pleading?
FUNCTIONS OF PLEADING
• A. Give notice to the parties of claims and
defenses to help them prepare their case
• B. Siphon out inadequate or sham claims or
defenses
• C. Identify and narrow issues for trial
• D. Guide parties/court in conduct of cases: help
define scope of case for fact discovery and
determining evidentiary relevance
• E. Frame claim for preclusion purposes
• A procedural system could have very different
pleading requirements depending on which
function is considered primary
HISTORICAL PLEADING
• Common law pleading: function of
identifying/narrowing issues was paramount.
Problem: Highly technical.
• Code pleading: Field Codes (19th c. reforms - still
basis for some state procedural systems) Functions
of eliminating sham/insufficient claims of defense
and setting out facts were primary. Fact pleadinghad to state facts constituting a cause of action.
Less technical. Problem: dispute about how
specific facts had to be pleaded and what was
meant by “cause of action”. Also became quite
technical.
PLEADING IN FEDERAL
DISTRICT COURT
• What does FRCP Rule 7(a) provide?
• What is a complaint?
• What does FRCP Rule 3 provide?
PLEADING: THE
COMPLAINT
• Conley v. Gibson, 355 U.S. 41 (1957)
• Who are the parties? Describe the nature
of their substantive law dispute and the
remedies sought by plaintiffs
(petitioners).
• What procedural stage had this action
reached at the time of the Supreme Court
opinion?
• What are the legal arguments made by
respondents?
CONLEY V. GIBSON:
TWO PROCEDURAL
RIDDLES
• Why does the Texas federal district court
have subject matter jurisdiction?
• Why doesn’t the final judgment rule
apply to bar appeal of the district court’s
grant of the motion to dismiss?
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)
• FRCP Rule 9(f) (time and place)
RULE READING EXERCISE
• Please divide into groups of four people.
• Please read carefully: FRCP 12(a)(1) and
6(a).
• Work together with others in your group
to figure out the information you need
from the client to apply the Rules to
calculate the deadline.
• Send 1 representative of your group to
me with any questions
• After you have received your answers,
calculate the deadline.
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)
for complaints
• You should also know FRCP Rule 3 and 7