Maine Law School 1L Study Guide for Civil Procedure
I. Introduction to Civil Procedure
Civil Procedure is the body of law that sets out the rules and standards courts follow when adjudicating civil lawsuits. This guide covers the key concepts, rules, and case law needed to understand and apply civil procedure principles, with a particular focus on federal rules and Maine-specific procedures.
II. Jurisdiction and Venue
A. Subject Matter Jurisdiction
– Federal Question Jurisdiction: Federal courts have jurisdiction over cases arising under the Constitution, laws, or treaties of the United States.
– Diversity Jurisdiction: Federal courts have jurisdiction over cases where the parties are from different states and the amount in controversy exceeds $75,000.
– Supplemental Jurisdiction: Allows federal courts to hear additional claims that are related to the claims over which the court has original jurisdiction.
B. Personal Jurisdiction
– In Personam Jurisdiction: The court’s power to bring a person into its adjudicative process; jurisdiction over a defendant’s personal rights.
– In Rem Jurisdiction: Jurisdiction over a defendant’s property.
– Minimum Contacts Standard (International Shoe Co. v. Washington, 326 U.S. 310 (1945)): A state court may exercise personal jurisdiction over an out-of-state defendant if the defendant has minimum contacts with the state such that the lawsuit does not offend traditional notions of fair play and substantial justice.
C. Venue
– Appropriate venue is determined based on where the parties reside and where the events giving rise to the suit took place. In Maine, the venue is typically appropriate in the county where the defendant resides or does business or where the cause of action arose.
III. Pleading
A. Complaints
– A complaint must state a claim showing that the plaintiff is entitled to relief and must provide the defendant with fair notice of the claim.
B. Answers
– The defendant’s response to the plaintiff’s complaint, which may include affirmative defenses and counterclaims.
C. Rule 12 Motions
– A series of motions that can be made by the defendant to challenge the legal sufficiency of the complaint, including motion to dismiss for failure to state a claim upon which relief can be granted.
IV. Pretrial Procedures
A. Discovery
– The process by which parties obtain information from one another to prepare for trial. Includes depositions, interrogatories, requests for production of documents, and requests for admissions.
B. Summary Judgment
– A judgment entered by the court for one party against another party summarily, without a full trial. Granted when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Federal Rule of Civil Procedure Rule 56).
V. Trial Procedures
A. Jury Selection
– The process of selecting a jury from the pool of potential jurors, including challenges for cause and peremptory challenges.
B. Opening Statements
– The initial statements made by the attorneys to the jury, outlining their case and what they aim to prove.
C. Presentation of Evidence
– The stage of trial where the parties present their evidence and arguments to the jury or judge.
D. Closing Arguments
– The final arguments made by the attorneys after all evidence has been presented, summarizing the case and attempting to persuade the jury to a particular verdict.
VI. Post-Trial Motions
A. Motion for a New Trial
– A request for a new trial on the basis of errors during the trial that affected the outcome.
B. Motion for Judgment as a Matter of Law (JMOL)
– A motion made after the jury has returned a verdict, asking the court to overturn the jury’s decision because there was insufficient evidence to warrant the verdict.
VII. Appeals
A. Notice of Appeal
– A document filed by a party who intends to appeal a court’s decision.
B. Standards of Review
– The standards appellate courts use when reviewing trial court decisions, including de novo, abuse of discretion, and clear error.
VIII. Maine-Specific Civil Procedure Considerations
A. Maine Rules of Civil Procedure
– Maine has adopted its own rules of civil procedure, which closely resemble the Federal Rules but with some variations. It is important to consult the Maine Rules of Civil Procedure for specific procedural requirements in Maine state courts.
B. Maine Tort Claims Act
– A statute that governs tort claims against governmental entities in Maine and sets forth specific notice requirements and limitations on damages.
C. Service of Process in Maine
– Maine has specific rules for how legal documents must be served on parties in a civil case, including who may serve these documents and how service must be documented.
This study guide provides an overview of the fundamental concepts in Civil Procedure, but students should delve deeper into each topic and review local rules and case law for comprehensive understanding and exam preparation.