CIVIL PROCEDURE ESSAY #1.

Transcription

1 CIVIL PROCEDURE ESSAY #1. Steven is the defendant in a negligence claim brought in Federal Court by Donna. 1. Steven asked the court to compel discovery of information concerning the statement, made by Donna s Investigator, that Donna had contributed to an automobile accident. 2. Steven had a ticket by Statesville revoked in accident court, which stated that Steven did not run through a red light as related to Donna and the car accident. 3. Steven thought that only Federal Claims could be brought in Federal Court, but Donna maintains that her bills (current medical, $45,000, and pain and suffering $38,000), should allow her to continue with her claim. Donna has a vacation home in State B, which is where Steven resides. 4. Steven thinks that the basis of the claim, namely, that Steven was driving along Main Street, on May 6, 2006, and at the corner of Main and Maple, negligently knocked down a signpost causing injury to Donna, was not enough to state a sufficient claim. Discuss.

2 Steven asked the court to compel discovery of information concerning the statement, made by Donna s Investigator, that Donna had contributed to an automobile accident. 1. STEVEN'S MOTION TO COMPEL DISCOVERY. The various instruments of discovery serve (1) as a device to narrow and clarify the basic issues between the parties, and (2) as a device for ascertaining the facts, or information as to the existence or whereabouts of facts, relative to those issues. RULE 26, SCOPE OF DISCOVERY. The scope of discovery is large, and includes any matter, not privileged, which is relevant to the subject matter involved in the pending action. ATTORNEY WORK PRODUCT RULE PRIVILEGE. Applies also to the assistance of investigators and other agents in the compilation of materials in preparation for trial. ANTICIPATION OF LITIGATION. MENTAL IMPRESSIONS. Absolute privilege. OTHER TANGIBLE MATERIAL. Qualified privilege. EXCEPTION. UNDUE HARDSHIP. COMPELLING DISCOVERY. SANCTIONS.

3 Steven had a ticket by Statesville revoked in accident court, which stated that Steven did not run through a red light as related to Donna and the car accident. 2. STEVEN HAD A TICKET REVOKED IN ACCIDENT COURT. Steven did not run a red light. COLLATERAL ESTOPPEL. Issue preclusion / collateral estoppel will apply when a prior issue of fact or law has been decided on the merits, and was reasonably necessary to support the judgment in the prior adjudication. The issue must have been fairly and fully litigated in the prior adjudication, for collateral estoppel to apply, and a final judgment must have been entered. Decided on the Merits. Reasonably Necessary to Support the Judgment. Fully and Fairly Litigated. Final Judgment on the Merits.

4 Steven thought that only Federal Claims could be brought in Federal Court, but Donna maintains that her bills (current medical, $45,000, and pain and suffering $38,000), should allow her to continue with her claim. Donna has a vacation home in State B, which is where Steven resides. 3. STEVEN MAINTAINS THAT ONLY FEDERAL CLAIMS MAY BE BROUGHT IN FEDERAL COURT. SECTION FEDERAL QUESTION. A federal courts has original jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States. SECTION DIVERSITY OF CITIZENSHIP. FULL / COMPLETE DIVERSITY. All plaintiffs and defendants must be domiciled in different states. DOMICILE. AMOUNT IN CONTROVERSY / JURISDICTIONAL AMOUNT. The amount in controversy must exceed $75K, irrespective of courts costs and interest. LEGAL CERTAINTY TEST. AGGREGATION OF CLAIMS.

5 Steven thinks that the basis of the claim, namely, that Steven was driving along Main Street, on May 6, 2006, and at the corner of Main and Maple, negligently knocked down a signpost causing injury to Donna, was not enough to state a sufficient claim. Discuss. 4. SUFFICIENCY OF DONNA'S COMPLAINT. NOTICE V. CODE PLEADING. FEDERAL RULES OF CIVIL PROCEDURE, 8. A plaintiff has an obligation to provide the grounds of his entitlement to relief in order to give the defendant fair notice of what the claim is and the grounds upon which it rests. Under FRCP 8, a plaintiff must give a short and plain statement of subject matter jurisdiction, a statement of the claim, and their entitlement to relief. JURISDICTION. GROUNDS OF CLAIM. RELIEF.