PROCEDURE CIVIL FALL 2005 SECTIONS C & F
CLASS 8 September 9, 2005
WRAP-UP
Difference between personal jurisdiction and subject matter jurisdiction. Constitutional basis for personal jurisdiction (can be narrowed by statute) Historical shift in assertions personal jurisdiction allowed under law: from (a) jurisdiction based on the presence of a person or thing involved in litigation within the territorial boundaries of the forum or the consent of a party to (b) the basis of the minimum contacts with the state where suit is brought
Long-Arm Statutes
What are these?
How does personal jurisdiction doctrine apply in federal court?
FRCP Rule 4(k)
CARPENTER V. DEE
Choosing a cause of action Parties? Causes of Action? Possible Remedies? Additional Information Needed? Should we take this case?
PLEADING
Function of pleading Kinds of pleadings Requirements for complaint
FRCP : for standard pleading
Notice Pleading - a liberal standard Conley v. Gibson: In appraising the sufficiency of the complaint, we follow, of course, the accepted rule that a complaint shall not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief. 12(b)(6) motions: hard to succeed
DRAFTING A COMPLAINT
Compare Eastmans Kendrick Complaint with Complaint in in Carpenter v. Dee How passionate or dramatic should a complaint be? Is Professor Eastman correct when he states it sure beats notice pleading? Why or why not? Who is the audience for a complaint?
SUMMARY
You should understand the purposes of pleading You should understand the concept of notice pleading and be familiar with the requirements of FRCP 8(a). You should also be familiar with FRCP Rule 3 and 7(a)