WELCOME TO CIVIL
PROCEDURE!
Prof. Susanna Frederick Fischer
Columbus School of Law
The Catholic University of America
202-319-5568 fischer@law.edu
Class 1: 8/26/2002
THE STUDY OF LAW


There was a man in our town
and he was wondrous wise:
he jumped into a BRAMBLE BUSH
and scratched out both his eyes-and when he saw that he was blind,
with all his might and main
he jumped into another one
and scratched them in again
- Karl Llewellyn, The Bramble Bush
(1960)
CUA: A COMMUNITY OF
SCHOLARS
 Friendship
 Food
 Faculty
TODAY’S CLASS





Learn what is Civil Procedure, what you’ll
study, and why it’s an important and
interesting course
Learn the course goals and objectives
Learn the course policies and procedures
Learn about the course web page at
http://faculty.cua.edu/fischer
Learn about the scope and purpose of the
Federal Rules of Civil Procedure by
studying Rule 1 of the FRCP
What’s Civil Procedure?
 CIVIL
(not criminal)
 PROCEDURE (not
substantive)
Difference Between Civil and
Criminal Cases





Criminal cases are brought by the gov’t
representing society
Criminal cases result in punishment
(usually fine or imprisonment)
Civil cases can be between private parties
and/or the government
Civil remedies include financial
compensation (damages) or orders to do
or stop doing something (injunctions) and
sometimes punishment (punitive
damages)
Different burdens of proof
SUBSTANTIVE LAWS
Substantive laws (e.g. tort, contract,
property) “are the part of the law
that creates,defines, and regulates
the rights, duties, and powers of
parties” (Black’s Law Dictionary (7th
ed. 1999)
 Example: tort law (trespass) says
that an uninvited guest cannot
intrude on another person’s land

Definition of Procedure (from
Merriam-Webster online)
1(a) a particular way of
accomplishing something or of
acting (b) a step in a procedure
 2 (a) a series of steps followed in a
regular definite order <legal
procedure>
 3 (a) a traditional or established way
of doing things

PROCEDURAL LAWS



Procedural laws are “[t]he rules that
prescribe the steps for having a right or
duty judicially enforced, as opposed to
the law that defines the specific rights or
duties themselves.”
Thus, they are the rules that govern
litigation. They are the rules that the
parties must follow as they bring their
case and also the rules for the court
administration of the case
Examples: who can bring case, which
court can hear a case, enforcement
Difference Between Substantive
and Procedural Law Can Be
Unclear

Some rules that seem procedural
have been deemed substantive by
courts, such as statutes of
limitations.
Why is Procedure Important
in Law?
Why is Procedure Important
in Law?
 The
purpose of civil
procedure is to promote the
JUST, SPEEDY, and
INEXPENSIVE resolution of
CIVIL DISPUTES
 See Rule 1 of the Fed. R. Civ.
P.
What Kinds of Procedures Do Courts
and Other Dispute Resolution Bodies
Need?
What Kinds of Procedures Do Courts
and Other Dispute Resolution Bodies
Need? These include:






Rules for jurisdiction (over defendant, over
subject matter)
Rules for how disputes enter the court system
Rules for how what’s in actually in dispute is
determined (pleading)
Rules for how disputes progress through the
court (or tribunal) system
Rules for pretrial fact investigation (discovery)
Rules for how disputes are terminated (jury
verdict? judge’s order? before trial? after trial?)
Sources of Procedure



Legislation
Rules promulgated by the courts (include
federal rules of general application such
as the Federal Rules of Civil Procedure,
Federal Rules of Appellate Procedure;
local rules for individual courts; judge’s
rules; statutory rules in U.S. Code; state
rules (in states’s statutes and/or as
supplemental rules)
Cases that interpret the rules
Federal Rules of Civil
Procedure
Originally promulgated by
U.S.Supreme Court in 1937 under
authority of Rules Enabling Act of
1934
 Original rules effective in 1938 and
have been amended many times.
 Advisory Committee on Civil Rules
recommends amendments to FRCP

Federal Rulemaking: FRCP


If Advisory Committee initially
recommends changes, there is a public
comment period/public hearings. If AC
then approves, goes to Judicial
Conference Standing Committee. If SC
approves, goes to Judicial Conference. If
JC approves, goes to U.S. Supreme
Court.
After Supreme Court prescribes
amendment, Congress has a statutory
time period to enact legislation to reject,
modify, defer amendment.
SCOPE of the FRCP

Where do these rules apply?
SCOPE of the FRCP



Where do these rules apply?
Federal district courts
Exceptions in Rule 81 include bankruptcy
proceedings to extent provided by Federal
Rules of Bankruptcy Procedure, where
prize proceedings in admiralty, certain
statutory review procedures like
reviewing orders of Secretary of
Agriculture, proceedings to enforce orders
of National Labor Relations Board
SCOPE OF FRCP
In some circumstances, FRCP
supplements statutory procedural
scheme
 What are some examples?

SCOPE OF FRCP


In some circumstances, FRCP
supplements statutory procedural scheme
What are some examples? Habeas corpus
proceedings, quo warranto proceedings,
admission to citizenship proceedings,
arbitration proceedings, proceedings for
enforcement/review under
Longshoreman’s and Harbor Worker’s
Compensation Act
The U.S. Court System
Separate STATE and FEDERAL
court systems
 Each STATE and D.C. has its own
court system

How Will We Learn Civil
Procedure?




Using sample case files (in CB) as study tools,
we’ll follow the path of a federal civil action from
its beginning through trial, verdict, and
enforcement of judgment
We’ll read important Federal Rules of Civil
Procedure and important statutory provisions
and, sometimes, state rules
We’ll read important court decisions
(interpretation of rules/court-made doctrine)
We’ll apply rules and cases to hypothetical
practice problems, like those in Glannon
What topics will we study?
See Assignments List









1. Introductory unit
2. Pleading
3. Joinder
4. Discovery
5. Right to Jury Trial, Jury Selection6. Bypassing
the jury: other types of adjudication
6. Verdicts, Judgments and Bypassing the Trier
of Fact
7. Jurisdiction and venue
8. Preclusion
9. Wrapping Things Up: Forum non conveniens,
Erie doctrine, review
Course Objectives/Goals





Learn important civil procedure concepts
Learn the procedural steps of a civil
action in federal district court
Develop effective learning techniques,
including briefing cases and
understanding rules
Develop exam-taking and oral
presentation skills
HAVE FUN WHILE LEARNING!