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CivPro Outline - Civil Procedure Outline Table of...

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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
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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 -
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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 -
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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 -
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(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 -
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Distinct intermediate appellate courts Each is designed to hear certain types of cases. One level of intermediate appellate court but two courts of last resort Break down between criminal and civil lines The Federal Judicial System (p.6) A the Federal District Court level, congress has divided the 50 states and the District of Columbia into 90 districts, each of which has
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