Civil Procedure I

LAW 201 · 4 units · Autumn Quarter

This foundational course provides comprehensive coverage of the American civil litigation process, from the inception of a lawsuit through trial and appellate review. Students examine the federal rules of civil procedure and their application in federal and state courts, gaining practical understanding of how disputes are resolved in the American legal system.

The course emphasizes jurisdiction—personal, subject matter, and supplemental—and explores the constitutional and statutory limits on a court's authority. Students study pleading requirements, the motion practice that follows, discovery rules and ethics, and the disposition of cases through summary judgment and trial. Special attention is given to the strategic and practical dimensions of civil litigation.

Civil Procedure is essential preparation for all lawyers. The rules and principles studied provide the basic framework within which all litigation occurs, whether in federal or state courts, whether involving simple contract disputes or complex commercial litigation.

Learning Objectives

  • Understand personal jurisdiction, venue, and transfer doctrines and apply the minimum contacts framework
  • Analyze subject matter jurisdiction including diversity jurisdiction and supplemental jurisdiction
  • Draft and critique pleadings under Rule 8 notice pleading and Rule 11 standards
  • Navigate motion practice, including motions to dismiss, Rule 12(b)(6) challenges, and summary judgment
  • Comprehend discovery scope, devices (interrogatories, depositions, requests for production, admissions), and privilege issues
  • Apply rules regarding impermissible joinder and necessary/proper parties
  • Understand standards for judgments as a matter of law, directed verdicts, and new trial motions

Required Casebook

Civil Procedure (10th ed., Yeazell, 2020) — West Academic. This comprehensive casebook emphasizes policy foundations while developing practical skills through carefully selected principal cases and problem-based materials.

Lecture Topics

Week 1: Introduction to Civil Litigation

Overview of the civil justice system, historical development of the Federal Rules of Civil Procedure, and the structure of courts.

Week 2: Personal Jurisdiction

International Shoe minimum contacts test, purposeful availment, foreseeability, and due process limits. In personam and in rem jurisdiction.

Week 2-3: Subject Matter Jurisdiction

Federal question jurisdiction (28 U.S.C. §1331), diversity jurisdiction (§1332), amount in controversy, complete diversity requirement, and supplemental jurisdiction (§1367).

Week 3: Venue and Transfer

Venue statutes (28 U.S.C. §1391), proper and improper venue, transfer under §1404 and §1406, and forum non conveniens.

Week 4: Pleading

Notice pleading under Rule 8(a), Rule 9 exceptions, heightened pleading in fraud and private securities litigation, and the Plausibility Standard from Twombly and Iqbal.

Week 5: Motions Practice

Rule 12(b)(6) motions to dismiss, 12(e) motions for more definite statement, 12(f) motions to strike, and practice under Rule 11.

Week 6-7: Discovery

Scope of discovery (Rule 26), work product doctrine, attorney-client privilege, protective orders, and devices: interrogatories, depositions, requests for production, and requests for admission.

Week 8: Joinder and Parties

Rule 13 counterclaims and cross-claims, Rule 14 third-party practice, Rule 19 necessary parties, Rule 20 permissive joinder, and compulsory joinder implications.

Week 9: Summary Judgment

Rule 56 summary judgment standards, moving party burden, non-moving party burden, genuine dispute of material fact, and the Matsushita/Celotex framework.

Week 10: Trial

Right to jury trial, jury selection and voir dire, rules of evidence application, directed verdict (JMOL), burden of proof, and new trial motions.

Week 11: Appeals and Finality

Final judgment requirement, immediately appealable orders, interlocutory appeals, appellate standards of review (clearly erroneous, abuse of discretion, de novo).

Landmark Cases

International Shoe Co. v. Washington (1945)

Established the "minimum contacts" standard for personal jurisdiction. A court may assert jurisdiction if the defendant has such minimal contacts with the state that jurisdiction does not violate due process. This case replaced the rigid territorial approach with a flexible, fairness-based test.

Pennoyer v. Neff (1878)

Foundational case requiring territorial presence for jurisdiction. Parties were bound by the judgment only if the court had jurisdiction, established through either domicile, presence in the state, or consent. Still relevant for understanding the historical development of jurisdiction doctrine.

Ashcroft v. Iqbal (2009)

Raised the pleading standard beyond notice pleading, requiring plausible factual allegations. Coupled with Twombly, this case significantly altered what must be pleaded to survive a 12(b)(6) motion, shifting the burden early in litigation to plaintiffs.

Bell Atlantic Corp. v. Twombly (2007)

Introduced the "plausibility" standard for evaluating whether complaints state a claim upon which relief can be granted. Eliminated the pure notice pleading standard and required well-pleaded factual allegations raising a reasonable expectation of discovery revealing relevant evidence.

Celotex Corp. v. Catrett (1986)

Clarified the summary judgment standard and burden allocation. The moving party must demonstrate absence of a genuine issue of material fact; once shown, the non-moving party must set forth specific facts showing a genuine issue for trial, not just denials or conclusory statements.

Study Guide

Key Concepts Framework

Jurisdiction is the foundational concept in civil procedure. Always begin by asking: Does the court have the power to hear this case? This involves three independent inquiries:

  • Personal Jurisdiction: Can the court exercise power over the defendant? Apply the minimum contacts test from International Shoe.
  • Subject Matter Jurisdiction: Does the court have authority over the type of case? Consider federal question, diversity, and supplemental jurisdiction.
  • Venue: Is this the proper district? Where could the defendant be sued, and where is a substantial part of the property?

Pleading requires notice pleading under the Federal Rules. Complaints must contain a short and plain statement of grounds for jurisdiction, a clear statement of the claim, and a demand for relief. After Twombly/Iqbal, allegations must be plausible, not merely possible.

Motions Practice provides mechanisms to test the pleading and claims. Rule 12(b)(6) motions challenge whether the complaint states a claim for which relief can be granted. This motion tests the legal sufficiency of the pleading without regard to the factual accuracy of allegations.

Discovery is the process of obtaining information from the opposing party and third parties. The scope is broad—anything relevant to the claim or defense or that could lead to the discovery of relevant evidence. Work product doctrine and privileges provide important limitations.

Summary Judgment disposes of cases where no genuine dispute of material fact exists. The moving party bears the initial burden of demonstrating the absence of a genuine dispute; the non-moving party must then show specific facts creating a genuine issue for trial.

Exam Tips

  • Always analyze jurisdiction first—it is logically prior to all other issues
  • Distinguish between proper pleading standards and what must be proven at trial
  • Understand that discovery is governed by Rule 26(b)(1), not by what is admissible at trial
  • In motion to dismiss analysis, accept all well-pleaded allegations as true
  • For summary judgment, consider both the moving and non-moving party burdens
  • Remember that appeal standards vary: clearly erroneous (facts), abuse of discretion (discretionary decisions), de novo (law)

Practice Questions

Interactive quiz engine with MBE-style questions covering jurisdiction, pleading, discovery, and motion practice. Quiz modules cover each major topic with detailed explanations.

Additional Resources

  • Federal Rules of Civil Procedure — Read the complete rules; these are your primary reference material.
  • 28 U.S.C. Chapter 85 (Jurisdiction) — Statutory jurisdiction provisions including §1331, §1332, §1367.
  • Restatement (Second) of Conflict of Laws — Provides principled approach to jurisdiction questions.
  • Civil Procedure Supplement — Stay current with recent Supreme Court and major circuit court decisions.
  • Practice Problems — Work through jurisdiction problems, pleading analysis, and discovery disputes regularly.
  • Outline Template — Organize materials around the chronological progression of a lawsuit.

Flashcards

Master key definitions and standards: Minimum contacts test, Rule 8 pleading, work product doctrine, summary judgment standard, final judgment rule, and more. Spaced repetition ensures retention of critical procedural rules.