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

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Info 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?
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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”
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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? i. “Personal jurisdiction refers to a court's power over a particular defendant ( in personam jurisdiction) or an item of property ( in rem jurisdiction)” ii. *You can consent to jurisdiction even though you don’t live there. You can have someone receive the papers knowing they will forward them to you iii. A couple of major developments in the world on how we were going to
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