Vangilder Civ Pro- Outline- Krakoff

Vangilder Civ Pro- - CIVIL PROCEDURE OUTLINE Prof Krakoff At a Glance VanGilder 1 Personal Jurisdiction(where geographically Analysis is generally

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CIVIL PROCEDURE OUTLINE VanGilder 1 Prof. Krakoff At a Glance Personal Jurisdiction (where, geographically) – Analysis is generally the same in state or federal court under Rule 4(k)(1)(A) A. Traditional Bases of personal jurisdiction over an out-of-state resident 1. In Rem 2. Status B. Specific Jurisdiction —CLAIMS MUST HAVE A CONNECTION TO THE CONTACTS 1. Minimum Contacts at the time of the action (not at the time of the suit) 2. Fair Play and Substantial Justice (you only get here if the minimal contacts standard is met) C. General Jurisdiction (extremely high standard)—Substantial contacts allow even cases unrelated to the activities within the state to be brought there 1. Transient jurisdiction (obtained by serving a defendant traveling through the state, while the defendant is within the state’s borders) 2. Domicile of an individual 3. Substantial Contacts 4. Corporate Presence D. Consent and Waiver E. Challenging Personal Jurisdiction (see p. 73-75) 1. Collateral Attack 2. Direct Attack F. Notice —plays a background role only (like personal jurisdiction, notice is a waivable defense ) G. Long-Arm Statutes —through statutes, states sometimes grant only part of the constitutionally permissible personal jurisdiction (self-imposed restraints) Venue A. 28 USC § 1391 B. Declining Jurisdiction 1. Transfer 2. Forum non conveniens Subject Matter Jurisdiction (where, which court system) (cannot be waived—courts can and have a duty to raise subject matter jurisdiction questions on their own—sua sponte) A. Idea and Structure 1. No jurisdiction—cannot hear 2. Concurrent jurisdiction—may hear 3. Exclusive jurisdiction—must hear B. Federal Question Jurisdiction – 28 USC § 1331 C. Diversity Jurisdiction –28 USC § 1332 D. Supplemental Jurisdiction – 28 USC §1367 E. Challenging Subject Matter Jurisdiction F. Removal – 28 USC § 1441 Tribal Court Jurisdiction A. History
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CIVIL PROCEDURE OUTLINE VanGilder 2 Prof. Krakoff Overview B. Three options; plaintiff gets to choose forum, within limits 1. Federal 2. State 3. Tribal C. Constitutional Limits 1. Jurisdiction a. Article 3, Section 2 – limits federal authority b. Aricle 4, Section 1 – Full Faith and Credit given in each state to proceedings of other states— judgments rendered in another state must be recognized c. Due Process Clauses (these clauses are the same and have been interpreted identically) 1) 14 th Amendment (state courts) a) Int’l Shoe, WWVW, Denkla 2) 5 th Amendment (federal courts) a) Burger King 2. Choice of Law a. Article 6 – Supremacy Clause b. Erie doctrine – absent a controlling federal statute, feds are required to respect statutory and common law rules of the states D. Statutory Limits E. Tactical Considerations 1. speed 2. preference for a judge 3. favorable district F. Stating the case 1. Lawyer’s Responsibility – Rule 11 a. Bridges v. Diesel Service, Inc. – lawyer’s responsibility to “stop, think, investigate, and research” before filing papers. Judge did not sanction because the primary goal of Rule 11
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This note was uploaded on 02/12/2008 for the course LAW 5303 taught by Professor Krakoff during the Spring '05 term at Colorado.

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Vangilder Civ Pro- - CIVIL PROCEDURE OUTLINE Prof Krakoff At a Glance VanGilder 1 Personal Jurisdiction(where geographically Analysis is generally

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