Illinois Law School 1L Study Guide for Civil Procedure
I. Understanding Civil Procedure
Civil Procedure encompasses the rules and processes by which civil matters are adjudicated and resolved by courts. It includes the procedural steps for filing a lawsuit, serving process, motions, discovery, trials, judgments, and appeals.
II. Jurisdiction
Jurisdiction refers to a court’s authority to hear and decide a case. It has two main components: subject-matter jurisdiction and personal jurisdiction.
A. Subject-Matter Jurisdiction
– Federal Question Jurisdiction: The ability of federal courts to hear cases arising under the Constitution, laws, or treaties of the United States.
– Diversity Jurisdiction: Federal jurisdiction based on parties being from different states and the amount in controversy exceeding $75,000.
– Supplemental Jurisdiction: Allows federal courts to hear additional claims that are closely related to those that invoked federal question or diversity jurisdiction.
B. Personal Jurisdiction
– In Personam Jurisdiction: The power of a court to render a decision affecting the rights of the specific persons before the court.
– In Rem Jurisdiction: Jurisdiction over a defendant’s property.
– Quasi In Rem Jurisdiction: Jurisdiction over a person’s property within the state to determine issues unrelated to the property itself.
Case: International Shoe Co. v. Washington (1945)
– Issue: Whether due process permits a state to exercise personal jurisdiction over a non-resident corporation.
– Rule: Minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.
– Analysis: International Shoe had sufficient minimum contacts with Washington through sales and commission payments.
– Conclusion: The court held that Washington had personal jurisdiction over International Shoe.
III. Venue
Venue refers to the geographic location where a lawsuit can be filed. It is often the county where the defendant resides or where the event giving rise to the lawsuit occurred.
IV. Pleading
The pleading stage involves the initial documents filed by the parties which outline the claims, defenses, and relevant facts.
A. Complaint: The initial pleading by the plaintiff stating the basis for the court’s jurisdiction, the facts of the case, and the relief sought.
B. Answer: The defendant’s response to the complaint, admitting or denying allegations and asserting any defenses.
C. Reply: A plaintiff’s response to a defendant’s counterclaim.
V. Motion Practice
Motions are requests by parties asking the court to issue orders or to decide particular issues before trial.
A. Motion to Dismiss: A request to terminate a case without a trial. Reasons may include lack of jurisdiction, improper venue, failure to state a claim, etc.
B. Motion for Summary Judgment: A request for the court to rule that there are no disputed material facts and that the moving party is entitled to judgment as a matter of law.
VI. Discovery
Discovery is the process by which parties obtain information from each other to prepare for trial. It includes depositions, interrogatories, requests for production of documents, and requests for admission.
VII. Trial
A trial may be by jury or by the court (bench trial) and includes the presentation of evidence and arguments to decide the case.
VIII. Post-Trial Motions
After a verdict is rendered, parties may file motions for a new trial or judgment notwithstanding the verdict (JNOV) if they believe there were errors in the trial’s proceedings.
IX. Appeals
An appeal is a request for a higher court to review the trial court’s decision. This process involves appellate briefs and sometimes oral arguments.
X. Res Judicata and Collateral Estoppel
These doctrines prevent parties from litigating issues or claims that have been previously adjudicated.
- Res Judicata (Claim Preclusion): Bars litigation of claims that have been, or could have been, raised in a prior action between the same parties.
- Collateral Estoppel (Issue Preclusion): Precludes the relitigation of issues that have been actually litigated and decided in a prior action between the same parties.
XI. Illinois Specific Rules and Concepts
- Illinois Long-Arm Statute: Governs personal jurisdiction over non-resident defendants in Illinois courts. It includes committing a tortious act or doing business within the state.
- Illinois Civil Procedure Code: The Illinois Code of Civil Procedure establishes the rules for civil litigation in the state court system.
- Illinois Venue Requirements: Venue in Illinois is proper in the county where the defendant resides or where the transaction or some part thereof occurred.
- Mandatory Arbitration in Illinois: Certain civil cases in Illinois may be subject to mandatory arbitration, which is a form of alternative dispute resolution.
This study guide provides a framework for understanding Civil Procedure in the context of both federal and Illinois law. Mastery of these topics is crucial for a 1L law student preparing for a final semester exam in Civil Procedure. Students should deepen their understanding by reviewing course materials, reading relevant case law, and applying these concepts to hypothetical scenarios.