CivPro Outline - ← Civil Procedure Outline ← Table of...

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Unformatted text preview: ← Civil Procedure Outline ← Table of Contents: ← (I) ← Overview • State Judicial Systems • The Federal Judicial System • The Lawyer’s Responsibility in Procedure • Rule 8 and 11 of the FRCP • The Process (II) Jurisdiction over Parties • Pennoyer v. Neff • • Personal Jurisdiction • In Rem and Quasi in Rem • Harris v. Balk • Corporations o International Shoe o Minimum Contacts • Contractual Relationship o Hanson v. Denckler o McGee • Stream of Commerce 1 o World-Wide Volkswagon o Asahi Metal • The Effects Test o Kulko o Calder o Revell • Minimum Contacts o Helicopteros • Reasonableness o Asahi Part II • In Rem, Quasi in Rem (II) o Shaffer o Burnham • Federal Long-Arm Provision o Service within the U.S. o The 100-Mile Bulge o Direct Attack o Collateral Attack (III) Service of Process on Defendants • Formal Service o Individual o Corporate- 2 - o N.Y. Long Arm Statute • Challenge to Service o Consent o Fraud: Wayman v. Newhouse o Attached Property o Attached Property to Satisfy Judgment (IV) Subject Matter Jurisdiction FRCP §§§§ 1331, 1332, 1335, 1367, 1359 • Constitutional Dimensions • Federal Question o Protective Jurisdiction: Mottley o Declaratory Judgment and the Well Pleaded Complaint o Jurisdiction and Supplemental Court and U.S. Court Application • Diversity o Amount in Controversy o Supplemental and Removal Jurisdiction o Challenge to Court’s Subject Matter Jurisdiction Venue and Change of Venue NOT YET APPLICABLE… (VI)- 3 - Pleading (VII) Discovery o (p.14) Pleadings help identify those factual issues as to which a genuine dispute exists o Discovery is a process that allows litigants in a civil case to seek relevant information from the other parties and from strangers to the suit ← ← ← ← ← ← ← ← ← ← ← ← ← ← ← ← ← ←- 4 - ← ← ← ← ← ← ← ← ← ← ← ← ← (I) ← Overview: The State and Federal Legal Systems: ← (p.2) In the civil context, a plaintiff often has the choice of bringing her suit in either a state or federal court. In addition, she may be able to do so in any number of different states. • State Judicial Systems o (p.3) Within each individual system, each state is largely free to develop its own procedural rules for handling civil litigation. Trial Courts The types of cases it is allowed to hear often depends on the amount at stake and sometimes on the nature of the suit Unified Courts • A single level of trial courts that may hear all civil cases regardless of the amount in dispute Appellate Courts Court of Appeals and Supreme Court • Two levels of appellate courts- 5 - Distinct intermediate appellate courts • Each is designed to hear certain types of cases....
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This note was uploaded on 04/25/2008 for the course CIVIL PROC 101 taught by Professor Fullerton during the Fall '07 term at Brooklyn Law School.

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CivPro Outline - ← Civil Procedure Outline ← Table of...

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