Iowa Law School 1L Study Guide for Civil Procedure
I. Introduction to Civil Procedure
Civil procedure concerns the rules and standards that courts follow in civil lawsuits. Understanding these rules is crucial for navigating the judicial system effectively.
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.
1. Federal Question Jurisdiction: Authority of federal courts to hear cases involving the Constitution, federal laws, or treaties.
2. Diversity Jurisdiction: Occurs when the plaintiff and defendant are citizens of different states, and the amount in controversy exceeds $75,000.
B. Personal Jurisdiction: The power of a court to require a party to come before it.
1. In-State Service: Jurisdiction is typically proper where a defendant is served with process within the state.
2. Minimum Contacts: International Shoe Co. v. Washington, 326 U.S. 310 (1945).
– Issue: Whether the State of Washington could exercise personal jurisdiction over a Delaware corporation.
– Rule: A state may assert jurisdiction over a non-resident defendant if it has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.
– Analysis: The Court noted that the corporation had a systematic and continuous presence in the state, and its activities gave rise to the liabilities sued on.
– Conclusion: The Court affirmed jurisdiction as constitutional.
C. Venue: Relates to the geographic location where a lawsuit should be filed. In Iowa, the rules for venue are found in the Iowa Rules of Civil Procedure.
III. Pleading
A. Complaint: The initial pleading by the plaintiff stating his or her case.
1. Must contain a short and plain statement of the grounds for the court’s jurisdiction, a short and plain statement of the claim, and a demand for relief.
B. Answer: The defendant’s response to the complaint, which must be filed within a specific time frame. It may include defenses and counterclaims.
C. Rule 12(b) Motions: Defenses that can be raised by the defendant, such as lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, and failure to state a claim upon which relief can be granted.
D. Amendments to Pleadings: Rule 15 of the Federal Rules of Civil Procedure allows amendments to pleadings. The Iowa Rules generally follow the federal rules, allowing for amendments to conform to the evidence or to correct errors.
IV. Discovery
Discovery is the process through which parties obtain information from each other to prepare for trial.
A. Types of Discovery: Depositions, interrogatories, requests for production of documents, and requests for admissions.
B. Scope of Discovery: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense.
V. Summary Judgment
A procedural device used to dispose of a case without a trial if there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. See Rule 56 of the Federal Rules of Civil Procedure and corresponding Iowa Rules.
VI. Trial
A. Right to a Jury Trial: The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in many civil cases. Iowa also provides for jury trials under certain conditions.
B. Conduct of the Trial: Including opening statements, presentation of evidence, and closing arguments.
C. Burden of Proof: Depending on the type of case, the plaintiff may have the burden of proving his or her case by a preponderance of the evidence or by clear and convincing evidence.
VII. Post-Trial Motions
A. Motion for a New Trial: May be granted if the verdict is against the weight of the evidence, there was an error during the trial, or for other reasons that prevented a fair trial.
B. Motion for Judgment as a Matter of Law (JMOL): A party may move for JMOL during the trial or after the jury has returned a verdict. If granted, the court can overturn the jury’s verdict.
VIII. Appeal
A party may appeal a final judgment to an appellate court. The appellate court reviews the record for legal errors and may affirm, reverse, or remand the case.
IX. Res Judicata and Collateral Estoppel
A. Res Judicata: Prevents relitigation of a claim between the same parties where there has been a final judgment on the merits.
B. Collateral Estoppel: Precludes the relitigation of issues that were actually litigated and essential to the judgment in a prior action between the same parties.
X. Choice of Law and Conflict of Laws
In cases involving parties from different states or countries, courts must determine which jurisdiction’s laws apply to the case.
XI. Federal Rules of Civil Procedure and Iowa Rules of Civil Procedure
While the Iowa Rules of Civil Procedure are similar to the Federal Rules, there are nuances and specific rules that apply to cases within Iowa state courts. It is essential to be familiar with both sets of rules.
This guide provides an overview of the key concepts, rules, and case law relevant to a first-year civil procedure course focused on Iowa law. For a more detailed understanding, it is important to review class notes, casebooks, and the Iowa Rules of Civil Procedure.