CivPro Outline - Civil Procedure Outline Table of...

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Civil Procedure Outline
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Table of Contents:
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(I)
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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
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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)
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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
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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 -


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