Basic Civil Procedure
I.
Intro to Civil Procedures- this course focuses on the Federal Civil System; a
party was acted on and wants to be “made whole again”
- US Supreme Court is the highest court
- LA is part of the 5th Circuit of Federal Appeals
- District  Circuit  SCOTUS
-
94 district courts total, each state has at least one
Louisiana: 3 district courts; some only have 1
o Federal district court for the middle district of Louisiana
o District court is the lowest level of federal court; if that case is
appealed it goes to the circuit court (colors); then SCOTUS
o
II.
Pleadings
a. Federal Rule of Civil Procedure (FRCP) 8(a), 12(a-b)
b. Ashcroft v. Iqubal- A detainee was treated unfairly on behalf of his race
(Muslim) in jail after the 9/11 attacks. Ashcroft was the
c. Election Complaints pgs. 62-68 (Count I)
III.
Discovery & Privilege
a. FRCP 26(a)-(b): Rule 26. Duty to Disclose; General Provisions Governing
Discovery: https://www.law.cornell.edu/rules/frcp/rule_26
(1) Initial Disclosure- a party must provide to other parties the names,
addresses/phone numbers (if available), and subject of any other
parties that have information on a party to use for discovery; a list of
items that this party has in it’s possession to use in support of said
discovery, a copy of all damages claimed; insurance companies that
may be able to cover all damages, typically made 14 days after the
parties conference, unless otherwise agreed upon
(2) Discovery Scope and Limits
(5) Claiming Privilege or protecting trial-preparation materialsDescribe the nature of the document,
b. Jaffee v. Redmond- (Federal Rule of Evidence 501: Testimonial Privileges) 1996,
Redmond was a cop called out to the scene of a fight, suspect (allen) was
about to stab someone so Redmond shot and killed him. Later Redmond
received mental health counseling. Jaffee, representative of Allen’s estate,
sued Redmond for excessive use of force. Jaffee wanted Redmond’s mental
health records, which she did disclose, disobeying the court’s judge’s order.
Judge told jury that they can assume that the records has unfavorable info on
Redmond since she won’t disclose them. The ruled this in 501- the state can
govern the type of privilege that is awarded (psychotherapist)
i. The supreme court ruled in favor to recognize the mental health
records as privilege of information
ii. Issue: was the patient information privilege or not?
IV.
Personal Jurisdiction
Fourteenth Amendment – equal protections of the law for all citizens,
a. International Shoe Co V Washington
i. Facts- Washington state served a notice for unemployment ISC, tried
for failure to pay into the unemployment fund between 1937 – 1940.
ISC was a Delaware corporation with its principal place of business
was in Missouri; Commissioner for WA State served an salesmen
employee in WA. ISC moved to set aside the notice on the grounds it
was not a corp doing business in WA, had no registered agent within
the state, and was not an emplo ISC was denied.
ii. Issue- for a defendant not present within the territory of a forum to
be subjected to a court’s in personam jurisdiction, does due process
require that the defendant have certain minimum contracts with the
forum such that the maintenance of the suit does not offend
traditional notions of fair play and substantial justice?
iii. Ruleiv. Holding- Yes. A state may subject a corporation to in personam
jurisdiction if the corporation to defend a suit there. A corporation is
deemed to be “present” in a state for jurisdiction purposes when the
activities of the corporation in that state have been continuous and
systematic. Due process is violated if a state makes a binding
judgment in the personam against an individual or corporate
defendant with which the state has no contracts, ties, or relations.
However, to the extent that a corporation exercises the privileges.
Personal Jurisdiction requires:
1. Minimum contact (determined by the court)
2. Maintenance of the suit does not offend traditional notion of
fair play and justice
a. EX: How far is the place of the suit from the residence
of the defendant?
b. EX: How often does the defendant visit the forum
state?
J. McIntyre v. Nicasio