Arkansas Law School 1L Study Guide for Civil Procedure
I. Introduction to Civil Procedure
Civil procedure is the body of law governing the methods and practices used by the court to enforce rights, duties, and remedies in civil cases. It includes rules and standards for case management from the initial filing through appeal. Understanding the Federal Rules of Civil Procedure (FRCP) and Arkansas Rules of Civil Procedure is crucial as they guide the process of litigation.
II. Jurisdiction and Venue
A. Subject Matter Jurisdiction
– The authority of a court to hear cases of a particular type or cases relating to specific subject matter.
– Federal Question Jurisdiction: 28 U.S.C. § 1331
– Diversity Jurisdiction: 28 U.S.C. § 1332
– Supplemental Jurisdiction: 28 U.S.C. § 1367
B. Personal Jurisdiction
– The power of a court to require a party (typically the defendant) to come before the court.
– International Shoe Co. v. Washington (1945): Established the “minimum contacts” standard for personal jurisdiction.
– Specific Jurisdiction vs. General Jurisdiction
C. Venue
– The proper or most convenient location for trial of a case.
– 28 U.S.C. § 1391: Federal venue statute
– Arkansas Rule of Civil Procedure 82: Governs venue in Arkansas courts.
III. The Pleadings
A. Complaint
– The initial document filed by the plaintiff outlining the basis of the lawsuit.
– Must establish grounds for the court’s jurisdiction, a short statement of the claim, and demand for relief.
B. Answer
– The defendant’s response to the plaintiff’s complaint, admitting or denying allegations and asserting defenses.
C. Motions
– A request made to the court for a specific action.
– Motion to Dismiss: Challenges the legal sufficiency of the complaint. (FRCP 12(b)(6))
– Motion for Summary Judgment: Argues there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. (FRCP 56)
IV. Discovery
A. Purpose and Scope
– The pre-trial phase where parties exchange information relevant to the case.
– Governed by FRCP 26-37 and comparable Arkansas rules.
B. Types of Discovery
– Depositions, interrogatories, requests for production, requests for admission, and physical or mental examinations.
C. Limitations and Sanctions
– FRCP 26(b)(2) limits discovery based on proportionality.
– Spoliation of evidence can result in sanctions.
V. Pretrial Procedure
A. Joinder of Claims and Parties
– FRCP 18 allows a party to join multiple claims against an opposing party.
– FRCP 20 and 21 govern permissive and compulsory joinder of parties.
B. Class Actions
– FRCP 23 outlines the requirements for class action lawsuits.
– Class certification, notice to class members, and settlement or dismissal.
VI. Trial Procedure
A. Jury Selection
– Voir dire process for selecting an impartial jury.
– Challenges to jury selection: peremptory challenges and challenges for cause.
B. Opening Statements and Presentation of Evidence
– The plaintiff’s and defendant’s initial narrative outlines of the case.
– Direct and cross-examination of witnesses.
C. Jury Instructions
– The judge’s explanation of the legal standards that the jury must apply.
– Arkansas Model Jury Instructions: Civil
D. Verdicts and Judgments
– Types of verdicts: general, special, and directed.
VII. Post-Trial Motions and Appeal
A. Post-Trial Motions
– Motions for a new trial, renewed motion for judgment as a matter of law (previously known as JNOV).
B. Appeal
– Standards of review, notice of appeal, appellate briefs, and oral argument.
VIII. Res Judicata and Collateral Estoppel
A. Res Judicata (Claim Preclusion)
– A final judgment on the merits bars subsequent actions between the same parties on the same cause of action.
B. Collateral Estoppel (Issue Preclusion)
– Once an issue of fact has been determined by a valid judgment, that issue cannot be relitigated between the same parties in future litigation.
IX. Arkansas-Specific Procedures and Considerations
A. Arkansas Rules of Civil Procedure
– Differences between Arkansas rules and FRCP, where applicable.
B. Service of Process
– Arkansas Rule 4 outlines requirements for serving legal documents to initiate a lawsuit.
C. Local Rules and Practices
– Understanding local court rules and practices in Arkansas courts is essential for effective litigation.
X. Ethical Considerations
– Professional responsibility and ethical duties in the context of civil litigation.
By mastering these concepts, understanding the specific rules, and analyzing the landmark cases provided, students should be well-prepared for their final semester exam in Civil Procedure with a focus on Arkansas law.