CIVIL PROCEDURE CLASS 4 (8/30/01)

READING AND BRIEFING CASES

Columbus School of Law

The Catholic University of America

Professor Fischer

WHAT WILL WE LEARN TODAY?

• 1. A few more points on briefing cases

• 2. Introduction to Carpenter v. Dee. We will use the Carpenter v. Dee case files to learn how to choose a cause of action. We will learn how litigators think when a case is first presented to them, through a simulation of a strategy meeting between a senior partner and an associate in a law firm.

• 3. Introduction to pleading: the complaint

• 4. Time permitting, we will do a short in-class exercise on reading rules

WRAP-UP OF CLASS OF 8/28/00

In Tuesday’s class, we learned how to brief a case, using United States v. Hall as an example. Briefing in an important skill that will help you to analyze the procedural court opinions you read for this class, as well as substantive court opinions you read for other law school classes. Developing an effective briefing method will serve you well in preparing for Civil Procedure classes.

Contents of a Brief• BACKGROUND Identify parties, court, year of decision,

name• PROCEDURAL HISTORY What procedural stage of

litigation? What previously happened procedurally?• REMEDIES sought• PARTIES’ ALLEGATIONS• KEY FACTS identified by the court• KEY LEGAL DOCTRINES relied on by court in making

decision• KEY POLICY INTERESTS at stake• HOLDING (main idea)• EFFECT OF DECISION

What are the key policy interests at stake in U.S. v. Hall?

What are the key policy interests at stake in U.S. v. Hall?

• Protecting rights of African Americans• Furthering integration• Note complexity regarding race• Underlying: due process and fairness. Hall would not have

notice of hearing if injunction ex parte, nor, as non-party, even if it were inter partes.

• 2 important themes we will see recurring in our study of procedure:

• 1. Tension between formal rules and policies• 2. Power of courts – by stretching rules, court enlarges its

own power

What is the holding of U.S. v. Hall?

What is the holding of U.S. v. Hall?

• My statement of the holding is as follows:

• A court has the power to hold in contempt a non-party who violates an ex parte restraining order in a school desegregation case, provided that the non-party has notice of the order.

BRIEFING: SUMMARY

• Make sure your brief includes the name of case, court, year of decision, procedural history, allegations of the parties, key facts identified by the court, key legal doctrines relied on by the court in making its decision, key policy interests at stake, main idea of the case.

Duval County: The Litigation Continues

• The Duval County school desegregation litigation is still ongoing, after more than 40 years

• In 1999, a federal district judge ruled that the district was unitary

• Jacksonville branch of NAACP appealed this ruling

• In March, 2001, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit heard argument

Carpenter v. Dee: Choosing a Cause of Action

• You are an associate in a Boston law firm called Needham, Shaker and Coblentz

• The senior partner, Carol Coblentz, sends you her initial memorandum (CB 1033)

• After you read the memo, Carol calls you into her office for a strategy meeting on (a) the causes of action that may be available to Nancy Carter and (b) who are possible defendants, if the firm chooses to represent Ms. Carter

Key Facts

• What are the key facts in the memo?

Key Facts• In 1985 Charlie Carpenter (25) was killed in a car

accident. • Jeep overturned. Driven by Randall Dee• Modifications to jeep• CC survived by pregnant wife • Dee conveyed half-interest in a home to brother Peter (?)• Jeep owned by girlfriend Twyla Burrell.• Insurance on jeep was statutory minimum ($10,0000)• Dee stopped by Lowell police on several occasions• Dee convicted on 4 counts in criminal court

QUESTION ONE

• WHO SHOULD BE THE PLAINTIFF(S)?

QUESTION TWO

• WHO IS/ARE THE POSSIBLE DEFENDANT(S) AND WHAT IS/ARE THE CAUSE(S) OF ACTION AGAINST EACH DEFENDANT?

QUESTION THREE

• WHAT ADDITIONAL INFORMATION DO WE NEED?

QUESTION FOUR

• HOW WILL WE GET THIS ADDITIONAL INFORMATION?

QUESTION FIVE

• WHAT REMEDIES ARE AVAILABLE?

QUESTION SIX

• SHOULD WE TAKE THIS CASE?

PLEADING

• What is pleading?

• What are the possible functions of pleading?

FUNCTIONS OF PLEADING• A. Give notice to the parties of claims and defenses to help

them prepare their case• B. Siphon out inadequate or sham claims or defenses• C. Identify and narrow issues for trial• D. Guide parties/court in conduct of cases: help define scope of

case for fact discovery and determining evidentiary relevance• E. Frame claim for preclusion purposes• A procedural system could have very different pleading

requirements depending on which function is considered primary

HISTORICAL PLEADING

• Common law pleading: function of identifying/narrowing issues was paramount. Problem: Highly technical.

• Code pleading: Field Codes (19th c. reforms - still basis for some state procedural systems) Functions of eliminating sham/insufficient claims of defense and setting out facts were primary. Fact pleading- had to state facts constituting a cause of action. Less technical. Problem: dispute about how specific facts had to be pleaded and what was meant by “cause of action”. Also became quite technical.

PLEADING IN FEDERAL DISTRICT COURT

• What does FRCP Rule 7(a) provide?

• What is a complaint?

• What does FRCP Rule 3 provide?

PLEADING: THE COMPLAINT

• Conley v. Gibson, 355 U.S. 41 (1957)• Who are the parties? Describe the nature of

their substantive law dispute and the remedies sought by plaintiffs (petitioners).

• What procedural stage had this action reached at the time of the Supreme Court opinion?

• What are the legal arguments made by respondents?

CONLEY V. GIBSON:TWO PROCEDURAL

RIDDLES

• Why does the Texas federal district court have subject matter jurisdiction?

• Why doesn’t the final judgment rule apply to bar appeal of the district court’s grant of the motion to dismiss?

CONLEY V. GIBSONTHE HOLDING

• What is the holding of the Supreme Court?

• In your opinion, how do policy issues affect the Supreme Court’s decision in this case?

• What is the effect of the Supreme Court decision?

IMPORTANT CONCEPT: “NOTICE PLEADING”

• FRCP Rule 8(a) (statement of claim)

• Why doesn’t Rule 8(a) use the words “facts” or “causes of action”?

• How specifically must the plaintiff plead her claim?

• FRCP Rule 8(e) (alternative claims)

• FRCP Rule 8(f) (construction of pleadings)

• FRCP Rule 9(f) (time and place)

RULE READING EXERCISE• Please divide into groups of four people.

• Please read carefully: FRCP 12(a)(1) and 6(a).

• Work together with others in your group to figure out the information you need from the client to apply the Rules to calculate the deadline.

• Send 1 representative of your group to me with any questions

• After you have received your answers, calculate the deadline.

• Write your answer on a piece of paper and submit it to me.

SUMMARY: WHAT YOU SHOULD HAVE LEARNED

TODAY• You should understand the purposes of

pleading

• You should understand the concept of notice pleading and be familiar with the requirements of FRCP 8(a), (e) , and (f) for complaints

• You should also know FRCP Rule 3 and 7