Civil Procedure Class 3

08/26/2015

A civil action is commenced by filing a complaint with the court.

The very first pleading filed in a suit.
Complaints
o A claim is under the law I am entitled some sort of relief
Sibbacch
Tort law
State law
Indiana Law
o Lex loci delicti
o Where the tort happened is what state law applies
Diversity is allowed by Article III Section 2
Between Citizens of different States
Congress has the power to regulate procedure and may exercise that
power by delegating to this or other federal courts authority to make rules
not inconsistent with the statutes or constitution of the United States; but it
has never essayed to declare the substantive state law, or to abolish or
nullify a right recognized by the substantive law of the state
The Supreme Court cannot create Federal Tort Law
Sibbacch is saying that the rule is invalid insofar as
Any rule to order an