Silicon Valley Business School

Contents of SVBS Course: Civil Procedure

Technology-oriented companies involved in patent licensing and other companies entering the US marketplace must be aware of the reach of the federal and state courts, and the procedures they will follow when they find themselves in legal disputes. Consumer class actions, product liability claims, patent, trademark and copyright infringement are examples of the types of disputes executives in Silicon Valley corporations are required to deal with. In this module, the student learns the basis of civil procedure in the U.S. Topics covered include personal jurisdiction, subject matter jurisdiction, venue, pleadings, service of process, joinder and judgments.

Learning Objectives and Outcomes

Upon completion of this course you will be able to:

Apply the basic rules of civil procedure in the U.S. federal courts, including personal jurisdiction, subject matter jurisdiction and venue.
Serve process when a lawsuit is initiated.
Understand how evidence is discovered and shared by the opposing parties in a lawsuit in U.S. federal court.
Understand how the trial is conducted in U.S. federal court, and how prior judgments are handled.
Appreciate the key distinctions between the rules of civil procedure as applied in California versus the federal court system.
Appreciate how the essential federal rules of civil procedure define what goes into the complaint, the answer and various other court papers and pleadings.


Course Sections

The course is organized into the following sections:

Civil Procedure: Personal Jurisdiction
Civil Procedure: Subject Matter Jurisdiction
Civil Procedure: Venue
Civil Procedure: Pleadings
Civil Procedure: Joinder
Civil Procedure: Service of Process
Civil Procedure: Discovery
Civil Procedure: Prior Judgments
Civil Procedure: Trial
Civil Procedure: Appeals
Civil Procedure: Alternative Forms of Dispute Resolution
Civil Procedure: Settlement, Decisions & Opinions
Civil Procedure: California Specific
Civil Procedure: Introduction

Civil Procedure: Introduction
  • Video ~ Civil Procedure 1 -- Introduction
  • This voice narrated slideshow presents information regarding the principles and U.S. federal rules of Civil Procedure.

  • Video ~ Binding Case Law
  • What is binding case law? This video introduces the principle that courts should follow case law established by appellate courts in the same jurisdiction.

  • Video ~ Contingency Fees
  • What are contingency fees? This video discusses contingent fee arrangements in the United States.

  • Slideshow Handout ~ Civil Procedure 1 -- Introduction
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 1 -- Introduction".

  • Reference ~ Federal Rules of Civil Procedure
  • Reading ~ Civil Cases - The Basics
  • In a civil trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff. A trial is the plaintiff's opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant. A trial also represents the defendant's chance to refute the plaintiff's case, and to offer his or her own evidence related to the dispute at issue.

  • Reading ~ Civil Cases vs. Criminal Cases
  • In this article, the key differences between civil and criminal cases are compared.

  • Reading ~ Federal vs. State Courts
  • This article presents information regarding the key differences between the state and federal court systems.

  • Reading ~ Jurisdiction
  • This article provides an overview of the concept of Jurisdiction.

  • Reading ~ Stages of a Civil Case
  • Civil Procedure: Personal Jurisdiction
  • Video ~ Civil Procedure 2 -- Personal Jurisdiction
  • This voice narrated slideshow presents information regarding U.S. courts jurisdiction over individuals, corporations and things.

  • Video ~ Specific and General Personal Jurisdiction
  • Video ~ Minimum Contacts
  • What are minimum contacts? This video discusses when it is constitutional for a court in one state in the United States to assert jurisdiction over a resident of a different state.

  • Video ~ International Shoe and Long Arm Jurisdiction
  • Video ~ Long Arm Jurisdiction
  • Slideshow Handout ~ Civil Procedure 2 -- Personal Jurisdiction
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 2 -- Personal Jurisdiction".

  • Reading ~ Personal Jurisdiction
  • Reading ~ International Shoe Case
  • In order for a state to exercise personal jurisdiction over a defendant, the defendant must have such minimum contacts with the state so that exercising jurisdiction over the defendant would not offend “traditional notions of fair play and substantial justice.”

    Civil Procedure: Subject Matter Jurisdiction
  • Video ~ Civil Procedure 3 -- Subject Matter Jurisdiction
  • Video ~ Diversity Subject Matter Jurisdiction
  • What is Diversity Jurisdiction? This video discusses the basic principles of diversity jurisdiction and subject matter jurisdiction in United States federal courts.

  • Video ~ Subject Matter Jurisdiction
  • Video ~ Removal & Subject Matter Jurisdiction
  • What is "Removal"? This video explains what it means for a party to remove a case from a state court to a United States federal district court.

  • Video ~ Federal Question Jurisdiction
  • What is Federal Question Jurisdiction? This video discusses federal question subject matter jurisdiction in United States federal courts.

  • Slideshow Handout ~ Civil Procedure 3 -- Subject Matter Jurisdiction
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 3 -- Subject Matter Jurisdiction".

  • Reading ~ Federal or State Court: Subject Matter Jurisdiction
  • Civil Procedure: Venue
  • Video ~ Civil Procedure 4 -- Venue
  • Video ~ TC Heartland LLC v. Kraft Food Brands Group LLC: Oral Argument
  • Interesting video of the Supreme Court hearing of the case regarding proper venue for a patent infringement case. Key points can be found around the 20-minute mark. The decision in this case will move many patent cases out of the federal district of Eastern Texas.

  • Slideshow Handout ~ Civil Procedure 4 -- Venue
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 4 -- Venue".

  • Reading ~ Venue
  • Reading ~ Choosing a Venue in State Court
  • Reading ~ Venue in Patent Infringement Suits
  • The U.S. Supreme Court held that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business” and decided a corporation “resides” only in its State of incorporation. This means cases against accused infringers can only be brought in the state where the accused infringer is incorporated or where the accused infringer has a regular and established place of business.

  • How one patent troll is desperately trying to stay in East Texas
  • The rules around patent venue changed dramatically when the US Supreme Court issued its decision in TC Heartland v. Kraft Foods. The decision held that patent-holders must sue either where the defendant company is incorporated or where it "has committed acts of infringement and has a regular and established place of business." Now Uniloc is scrambling to keep Google and other big tech defendants in East Texas federal courts.

    Civil Procedure: Pleadings
  • Video ~ Civil Procedure 5 -- Pleadings
  • This voice narrated slideshow presents information regarding "Pleadings" (i.e. formal written statements filed with the courts).

  • Video ~ General Pleading Requirements
  • Video ~ Counterclaims
  • What are counterclaims in federal court? This video discusses compulsory and permissive counterclaims in federal civil actions.

  • Video ~ Impleader
  • Video provides information regarding "Impleader" (i.e. where a defendant may join a third party to the litigation who may be liable for the plaintiff's claim against the defendant).

  • Video ~ Answer to the Complaint
  • Videos provides information regarding how a defendant can answer to a complaint (against the defendant) in a federal court.

  • Slideshow Handout ~ Civil Procedure 5 -- Pleadings
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 5 -- Pleadings".

  • Reading ~ How to Write a Complaint
  • Reading ~ What Is a Motion?
  • Reading ~ FRCP Rule 7. Pleadings Allowed; Form of Motions and Other Papers
  • Reading ~ FRCP Rule 8. General Rules of Pleading
  • Reading ~ FRCP Rule 9. Pleading Special Matters
  • Reading ~ FRCP Rule 10. Form of Pleadings
  • Reading ~ Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
  • Reading ~ Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
  • Reading ~ Rule 13. Counterclaim and Crossclaim
  • Reading ~ FRCP Rule 14. Third-Party Practice
  • Reading ~ FRCP Rule 15. Amended and Supplemental Pleadings
  • Reading ~ FRCP Rule 16. Pretrial Conferences; Scheduling; Management
  • Civil Procedure: Joinder
  • Video ~ Civil Procedure 6 -- Joinder
  • Video ~ Interpleader
  • Video provides information regarding "Interpleader" (i.e. actions where a party subject to liability from competing claims joins the other parties in a lawsuit).

  • Video ~ Class Actions
  • What is a class action? This video discusses one type of class action where a representative of a class litigates on behalf of other members of the class.

  • Slideshow Handout ~ Civil Procedure 6 -- Joinder
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 6 -- Joinder".

  • Reading ~ FRCP Rule 17. Plaintiff and Defendant; Capacity; Public Officers
  • Reading ~ FRCP Rule 18. Joinder of Claims
  • Reading ~ FRCP Rule 19. Required Joinder of Parties
  • Reading ~ FRCP Rule 20. Permissive Joinder of Parties
  • Reading ~ FRCP Rule 21. Misjoinder and Nonjoinder of Parties
  • Reading ~ FRCP Rule 22. Interpleader
  • Reading ~ FRCP Rule 23. Class Actions
  • Reading ~ Class Action Cases
  • A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. People seek justice in class action lawsuits when their injuries have been caused by defective products, including pharmaceutical drugs, motor vehicles and other consumer products, and medical devices. Other types of conduct over which people have sued as a class include consumer fraud, corporate misconduct, securities fraud, and employment practices.

  • Reading ~ FRCP Rule 23.1. Derivative Actions
  • Reading ~ FRCP Rule 24. Intervention
  • Civil Procedure: Service of Process
  • Video ~ Civil Procedure 7 -- Service of Process
  • Slideshow Handout ~ Civil Procedure 7 -- Service of Process
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 7 -- Service of Process".

  • Reading ~ Service of Process
  • Reading ~ Service of Process
  • Civil Procedure: Discovery
  • Video ~ Civil Procedure 8 -- Discovery
  • Video ~ Request for Admission
  • Video ~ Deposition
  • Video ~ Motion to Compel
  • Video ~ Discovery & Settlement
  • This video discusses the relationship between discovery and settlement in the United States.

  • Slideshow Handout ~ Civil Procedure 8 -- Discovery
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 8 -- Discovery".

  • Reading ~ Fact-Finding and Discovery
  • Reading ~ What Is a Subpoena?
  • Reading ~ FRCP Rule 45. Subpoena
  • Reading ~ Discovery: An Overview
  • Reading ~ FRCP Rule 26. Duty to Disclose; General Provisions Governing Discovery
  • Reading ~ FRCP Rule 31. Depositions by Written Questions
  • Reading ~ FRCP Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
  • Reading ~ FRCP Rule 35. Physical and Mental Examinations
  • Civil Procedure: Prior Judgments
  • Video ~ Civil Procedure 9 -- Prior Judgments
  • Video ~ Issue Preclusion (Res Judicata)
  • What is "Issue Preclusion"? This video discusses the principle that when an issue of fact or law has been adjudicated in one court, it may preclude the same or other parties from re-litigating the same issue of law or fact.

  • Video ~ Res Judicata ~ Claim Preclusion
  • What is "Claim Preclusion"? This video discusses the principle that when a case ends on its merits in a civil litigation, the parties are barred from re-litigating the same case in another court.

  • Slideshow Handout ~ Civil Procedure 9 -- Prior Judgments
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 9 -- Prior Judgments".

  • Reading ~ Res Judicata
  • " Res Judicata" is the principle that a matter may not, generally, be relitigated once it has been judged on the merits.

    Civil Procedure: Trial
  • Video ~ Civil Procedure 10 -- Trial Phase
  • Video ~ Judgment as a Matter of Law
  • What is "Judgment as a Matter of Law:? This video introduces Federal Rule of Civil Procedure 50, which allows a party in a civil litigation to ask a court to grant judgment before and after a jury reaches its verdict.

  • Video ~ Summary Judgment
  • What is "Summary Judgment"? This video discusses how a judge may rule on one or more claims if there is no question of material fact for the jury to decide and the law so clearly favors one party.

  • Slideshow Handout ~ Civil Procedure 10 -- Trial Phase
  • PDF slides for the learning material titled: "Video ~ Civil Procedure 10 -- Trial Phase".

  • Reading ~ In the Courtroom: Who Does What?
  • Reading ~ Civil Contempt of Court
  • Reading ~ FRCP Rule 38. Right to a Jury Trial; Demand
  • Civil Procedure: Appeals
  • Video ~ Appeals in a Civil Litigation
  • What is an appeal in a civil litigation? This video introduces appellate practice, where a party that did not prevail on one or more claims in a civil litigation argues that the trial court judge committed an error.

  • Video ~ Circuit Split
  • This video discusses splits of authority between intermediate level federal appellate courts.

  • Video ~ Remand
  • This video introduces "Remand", where a court returns a case to a prior court.

  • Reading ~ Appealing a Court Decision or Judgment
  • Civil Procedure: Alternative Forms of Dispute Resolution
  • Video ~ Mediation
  • This video introduces "Mediation", i.e. where a neutral person help parties negotiate a resolution of their dispute.

  • Video ~ Arbitration
  • This video introduces "Arbitration", i.e. where parties select a private person or panel, as opposed to a judge, to settle their dispute.

  • Reading ~ Resolution Before Trial: Settlement / Alternative Dispute Resolution
  • Civil Procedure: Settlement, Decisions & Opinions
  • Video ~ Concurring Opinions, Dissenting Opinions, and Case Law
  • Video ~ What is a Dissenting Opinion?
  • Video ~ What is a Concurring Opinion?
  • Video ~ Circuit Split
  • What is a Circuit Split? This video explains what it means for one Circuit Court of Appeals to disagree with another Circuit Court of Appeals in the United States federal court system.

  • Video ~ Beware Triggering Declaratory Judgment Patent Lawsuits
  • SVBS video explains how patent holders can trigger lawsuits when innocently attempting to sell patents to companies that might be considered potential infringers.

  • Video ~ Judgment as a Matter of Law
  • Federal Rule 50 ~ How a judge can decide a case when no reasonable jury could make an opposing finding.

  • Video ~ Default vs. Default Judgment under Federal Rule 55 and 60
  • Video explains the litigation process and the default & default judgments.

  • Video ~ Summary Judgment
  • Video explains what a summary judgment is under Federal Rule 56.

  • Video ~ Summary Judgment
  • An attorneys explanation of summary judgment.

  • Reading ~ FRCP Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
  • Reading ~ FRCP Rule 55. Default; Default Judgment
  • Reading ~ FRCP Rule 56. Summary Judgment
  • Reading ~ FRCP Rule 57. Declaratory Judgment
  • Civil Procedure: California Specific
  • Video ~ Civil Procedure -- California Specific
  • Slideshow Handout ~ Civil Procedure -- California Specific
  • PDF slides for the learning material titled: "Video ~ Civil Procedure -- California Specific".

  • Reference ~ California Code of Civil Procedure
  • Certificate Course
    This certificate tracks your progress and tests you in each section. Once you have passed all the quizzes, submitted an assignment and reviewed all the materials, you will be awarded a certificate of completion.