Civl Procedure: lawsuits in the federal court system (because the states are all different/federal system the

one uniform system) // how you do lawsuits in the federal system in the US // process through which lawsuits operate civil procedure: dispute resolution (mediate; negotiation; settlements) Earlier trial by combat dispute resolution to make these things peaceful the state will organize dispute resolution every system of law international tribunals same concept of jurisdiction reason why civil lawsuits that only deal with civil law / doesnt deal with criminal criminal cases burden of proof reasonable doubt civil cases burden of proof preponderance of evidence // more likely than not we are not as interested as what goes on // merits of the case (what case is about) our issue is the procedural things in the case how to design a process system that was workable and fair procedural system fair (doesnt favor anyone/ either of the opposing sides/ doesnt give an advantage to plaintiffs or defendants) process is aimed at being outcome neutral aimed at in practice people dont follow the rules Design of the federal court system highest court: US Supreme Court created by? Pennoyer v Neff [class notes] how many cases are involved? 2 Trial and appeal as one case T1: state court in Oregon in 1866 Mitchell v. Neff Mitchell (P) is an attorney seeking damages against N for failure to pay for his services N wanted Mitchell to help him get a patent (grant of federal land rights) Neff (D) is a nonresident of the state; that he was not personally served notice of pending action was provided to N through publication in an Oregon newspaper M prevails through a defaultNeff failed to answer the complaint (he never appeared before the court) as a result the court ruled for Mitchell judgment was entered in Mitchell v. Neff ad the property involved in the case was sold in a sheriff's sale (at auction the steps of the court house) patent didnt come in before he filed the case (state's power to seize the land) another party, Pennoyer, acquired the property under the sheriff's deed that had been purchased by M (see note 1 p78 for the history behind litigation) T2: federal court in oregon N (P) is trying to recover a tract of land in Oregon. He argues that he hold it by a federal patent (because citizens of different states) (federal land grant) P (D) argues that he has a right to the land under the sheriff's deed (this makes P's claim contingent on the validity of the judgment in the first case)action of injectment/ cases of conflicting titles / P's claim only good if the judicial process to give him the claim is good When did Oregon normally subject a defendant to the jurisdiction of its courts? Get jurisdiction over a person or jurisdiction over the property T1: involves M suing N for failure to pay in personam claim contract breach/personal claim not a property claim

how do you get jurisdiction over property have to file lawsuit and attach the property before/ at beginning of the lawsuit/filing as a property claim even if youre not on it you possess it presumes that you manage the status of your property / presuming that you dont just leave it/ youre aware attachment basis of a jurisdiction personal claims start lawsuit by filing the complaint and serve them there was no attachment so not property claim when he served N wasn't there for personal you needed to be there can you have constructive notice if you can expect that you can never get it Note that N in T2 is challenging a decision from another casethis is called collateral attack (p 77) N couldnt appeal because he never knew of the original case so he needed to bring a seperate case the opinion here is from the US supreme Court how? When N brings alternative case he brought up: basis of jurisdiction was improper (wasnt here at all/non-resident) didn't get notice on appeal from the Circuit Court of Oregon why? There is a basic issue about the validiyt of the judgment of the first case judgment void due to lack of personal service wrong type of proceedin had been used her since the poerpty was not attached. So an imporatn issue was at statkewhen should a court judgment be respected