Ch1. Introduction to Civil Litigation — Purpose, Parties, and Court Structure

What Is Civil Litigation?

Civil action:
A legal proceeding in which one private party (or the government
acting in a civil capacity) seeks a judicial remedy against another
for a private wrong — typically money damages, an injunction, or
a declaration of rights.

Civil procedure:
The body of rules governing how civil lawsuits are conducted.
At the federal level: Federal Rules of Civil Procedure (FRCP).
State courts: Each state has its own civil procedure rules,
many modeled on the FRCP.

Purpose of civil litigation:
  Protect the plaintiff's legal rights (compensatory)
  Ensure legal certainty and finality
  Provide public, authoritative dispute resolution

Civil vs. Criminal:
  Civil:   Private party vs. private party (or government civil).
           Seeks money, injunction, or declaration.
  Criminal: Government vs. individual. Seeks punishment.
  → One set of facts may give rise to BOTH civil and criminal
    liability (e.g., assault & battery → tort + crime)

Types of Civil Actions

Action at law (legal remedy):
  Plaintiff seeks money damages or a specific sum.
  → Most common civil action
  Examples: breach of contract, personal injury, property damage

Action in equity (equitable remedy):
  Plaintiff seeks non-monetary relief.
  → Injunction (stop or compel conduct)
  → Specific performance (force a party to perform a contract)
  → Declaratory judgment (declare parties' rights)
  → Rescission, reformation, constructive trust

Declaratory judgment action:
  Court declares the legal rights of parties without ordering
  specific relief.
  → Useful when parties dispute contractual rights before a breach

Standing (requirement for any action):
  Plaintiff must have a concrete, particularized injury
  traceable to the defendant's conduct and redressable by
  a court order.
  Without standing → case dismissed for lack of justiciability

Courts and Jurisdiction

Subject-matter jurisdiction:
  The court's power to hear a particular type of case.
  Cannot be waived or conferred by the parties.

Federal subject-matter jurisdiction (Art. III + 28 U.S.C.):
  Federal question jurisdiction (28 U.S.C. § 1331):
    Claim arises under the Constitution, federal statute,
    or federal treaty.
  Diversity jurisdiction (28 U.S.C. § 1332):
    Parties are citizens of different states AND
    amount in controversy exceeds $75,000.

Exclusive federal jurisdiction:
  Patent, copyright, bankruptcy, antitrust (Sherman Act),
  securities (Exchange Act), federal criminal matters.

Concurrent jurisdiction:
  Both federal and state courts may hear the case.
  Plaintiff chooses; defendant may remove to federal court
  if federal jurisdiction exists (28 U.S.C. § 1441).

State courts — typical tier structure:
  Trial court of limited jurisdiction: small claims, probate,
    traffic, family court (subject-matter limited)
  Trial court of general jurisdiction: Superior Court /
    District Court (hears most civil cases)
  Intermediate appellate court: Court of Appeals
  Highest court: Supreme Court (or Court of Appeals
    in some states)

Federal court tier structure:
  U.S. District Court (94 districts, trial level)
  U.S. Court of Appeals (13 circuits)
  U.S. Supreme Court

Amount in controversy / claim value thresholds (federal):
  Small claims (state): typically $5,000–$12,500 limit (varies)
  Diversity jurisdiction: must exceed $75,000 (exclusive)
  No minimum for federal question jurisdiction

Parties to a Lawsuit

Plaintiff: The party who initiates the civil action.
Defendant: The party against whom the action is brought.

Capacity to sue and be sued:
  Natural persons (individuals): always have capacity
  Legal entities (corporations, LLCs, partnerships): have capacity
  Unincorporated associations: capacity varies by state

Legal capacity to litigate (procedural capacity):
  Minors: must appear through a guardian or next friend
  Incapacitated adults: must appear through a guardian
  (FRCP 17(c) — representative required)

Real party in interest (FRCP 17(a)):
  The action must be brought in the name of the person
  who by substantive law holds the right being asserted.
  If wrong party names as plaintiff → court may allow
  substitution rather than dismissal.

Identifying the correct defendant:
  Must be clearly identified; misnomer may be corrected
  (FRCP 15 — relation back of amendments for misidentification
  in limited circumstances)

Three Forms of Civil Relief ★★★★★ : Legal (money damages) · Equitable (injunction / specific performance) · Declaratory (rights determination). Memory hook: Law = money; equity = do or don’t; declaratory = tell me my rights

Federal Subject-Matter Jurisdiction ★★★★★ : Federal question (arises under federal law) OR diversity (different states + > $75,000). Both are needed independently — not combined. *Memory hook: FQ = federal law claim; Div = different state +$ 75K+*

Standing Requirement ★★★★☆ : Plaintiff needs (1) concrete injury-in-fact, (2) traceable to defendant’s conduct, (3) redressable by the court. No standing → dismissed. Memory hook: Injury + causation + redressability = standing

Practice Quizzes

Q. What is the difference between an action at law and an action in equity, and why does it matter?

An action at law seeks money damages; it carries a right to jury trial under the Seventh Amendment (federal courts). An action in equity seeks non-monetary relief (injunction, specific performance, etc.); there is traditionally no right to a jury — the judge decides. In practice, many cases include both legal and equitable claims, and courts parse which claims go to the jury and which the judge decides.

Q. What are the threshold requirements for a federal court to exercise diversity jurisdiction?

Under 28 U.S.C. § 1332: (1) Complete diversity — no plaintiff and defendant share state citizenship; and (2) Amount in controversy exceeds $75,000 (exclusive of interest and costs). Both requirements must be met simultaneously. A single non-diverse party destroys diversity for all claims unless severed.