Outline for Civil Procedure

Outline for Civil Procedure - I nfo for test There will be...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: I nfo for test: - There will be a personal jurisdiction problem: 1 hour to do it - 45-min question… could be venue, removal, Erie, pleadings: you are a neutral party, analyze issue, analyzing law on both sides (Be specific (13)(a)(i)(a) just like that)- Then short answer: these are joinder based… rule 12, removal question, etc. o Is it REALLY in the same transaction or occurrence? Rule, subsection, and actual word that you’re after. BE SPECIFIC. Outline for Civil Procedure * Refer to the examples and explanations book on reserve in library A. SELECTING THE PROPER COURT I. Personal Jurisdiction (Jurisdiction = power) a. Personal jurisdiction = the power of a court to require a D from outside the state to defend a lawsuit in that state b. Court’s power doesn’t come from the ground… there will always be a statute establishing a court’s power i. Whenever you have a personal jurisdiction problem with non- residents, you ask whether it is covered in the statute. Then you ask whether the statute is constitutional: 1. FIRST, look at Long-Arm statute 2. SECOND, DUE PROCESS analysis 1. Did the D purposefully avail himself? Was there purposeful damage? Did the D do something to affiliate himself with the forum state? Did he seek to serve? Minimum contacts? i. Avail of = to make use of : take advantage of 2. Is it reasonable? Is the exercise of jurisdiction reasonable? ii. Does jurisdiction in this case (in accordance with the statute) violate due process? 1. Every time a court goes to adjudicate a dispute, if the D challenges that dispute on personal jurisdiction grounds, that means we have a Constitutional question. 2. Due process clause REGULATES jurisdiction, and these are required: 1. Notice 2. Opportunity to be heard 3. Right to counsel or cross examine witnesses 4. Appropriate limits on the places where a D can be required to defend a lawsuit iii. Federal government is limited by 5 th amendment, states are limited by due process clause c. “in rem” jurisdiction: you are allowed to sue property – you are saying to the world “I own this property” … it’s a way to get everyone who owns that property to come forward. Ex. yacht full of marijuana/ foreclosure action: action on your house, not on you d. Forum state = state where the suit is brought e. Foreign = out of state f. Certiorari: issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right. g. Normal kind of case: you hit my car, I sue you – this is “in personam” h. Does this court have the power to say “you owe John money?” This is Personal jurisdiction – can I make YOU show up? Can I (the judge) force you to testify if there is a judgment rendered against you?...
View Full Document

This note was uploaded on 12/06/2010 for the course LAW Civil Proc taught by Professor Harrison during the Fall '09 term at University of Florida.

Page1 / 118

Outline for Civil Procedure - I nfo for test There will be...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online