2007 Civil Procedure Fuchs

2007 Civil Procedure Fuchs - Civil Procedure Spring 2007...

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Unformatted text preview: Civil Procedure Spring 2007 Prof. Joseph Sabino Mistick Final Course Outline Overview of Procedure Subject Matter Jurisdiction: Whether a court can hear a particular type of dispute General jurisdiction: Can hear any claim between any persons unless legal authority saying otherwise Limited Jurisdiction: Can only hear those cases that are specifically authorized by the statutes that set up the court, e.g. Federal Court Domicile: A party is a citizen of the state in which he or she is domiciled, the establishment by physical presence with intent to remain there. Personal Jurisdiction: To obtain personal jurisdiction you must have properly served the defendant pursuant to FRCP 4 (tag: in-state; long-arm: out of state) Service of Process A complaint must be drafted, filed with the court, and the must be notified. may then waive service (through the mail), if not the lawyer must draft a summons , deliver it to the clerk, who will sign and seal it pursuant to FRCP 4(a) and 4(b). The summons will then be served to the Complaint: FRCP 11: lawyers have a duty to research and be knowledgeable with the laws to properly file a complaint such that their suit can be dismissed if they file an unreasonable complaint under the circumstances FRCP 8: Complaint must only merely consist of a short and plaint statement of the claim showing that the pleader is entitled to relief. Answer: FRCP 12(b) (1~5): motion to dismiss for improper venue, subject matter, or jurisdiction FRCP 12(b)(6): demurr because even if complaint is true, not entitled to recover FRCP 12(e): complaint too vague FRCP 8(b): answer denying truth to the claim FRCP 8(c): state of limitations or repose have ran Cross claim: claims asserted between s or between s Counter-claim: claim asserted between parties, v. Third-party claim: claim against a party not currently in the action Amendment of Pleadings: FRCP 15(a): Amendments to the original complaint shall be allowed freely when justice so requires. FRCP 15(c) deals with amendments that are interposed after the statute of limitations on the new claim has run Joinder: Who may be joined as a party: FRCP 20 Who must join as a party: FRCP 19 Who can join if they choose (intervention): FRCP 24 Class action (represent others): FRCP 23 The Bridgeport case shows that, although FRCP 20 promotes joining all in one case, brining action agasint 770+ s does not promote judicial economy and since each action (copyright infringement for songs) is its own cause of action, no reason to try them together Class actions: [per mistick] for this class only know that one or two representatives for s may represent other s for judicial economy Remedies: Substitutionary Remedies: money compensation for something not replaceable, e.g. loss of a limb or pain of insult....
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2007 Civil Procedure Fuchs - Civil Procedure Spring 2007...

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