(1)My_CIVpro(ShortOL)

(1)My_CIVpro(ShortOL) - 1 CHOOSING A SYSTEM OF PROCEDURE CB...

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1. CHOOSING A SYSTEM OF PROCEDURE CB: 1. Rule 16 Pretrial Conference 1. Purposes of a Pretrial Conference: court may order the attorneys and any unrepresented parties to appear for pretrial conferences to: 1. (1) expedite the action, (2) establish control (manage); (3) discourage wasteful activities; (4) improve quality of trial through more thorough preparation, and; (5) facilitate settlement. 2. Cases and Issues 1. Bands Refuse: To what extent can a judge become involved in the proceedings? 1. Rule: A judge may not assume the role of advocate in a trial over which he presides 2. Koethe: May a judge sanction a party that refuses to settle? 1. A judge may not sanction a party for refusing to settle. 2. CHOOSING THE FORUM: ISSUES OF PERSONAL JURISDICTION 1. Geographical Limits on the Choice of Forum: In personam jurisdiction; Fed. R. Civ. P. 4; Forms 4, 5, 6 1. Rule 4 describes proper manner of service and 4(k) details the Long Arm statute 2. Traditional Theories: Cases and issues 1. Pennoyer v. Neff : lacking a physical presence, is service by publication against a non-resident sufficient 1. Rule: Where an action is to determine the rights and obligations of a party, service by publication is invalid and ineffective. As well, in a QIR action, the property must be attached before the action 2. Harris v. Balk: Can a debt be attached in rem? 1. Rule: A debt follows the debtor everywhere he goes, and it can be attached as property (in rem). FF & C is cited as to why debt crosses state lines Obligation to pay debt clings wherever debtor goes. 1. Debt becomes property (in rem) and Garnishee must notify creditor of garnishment so creditor can defend (so as to satisfy due process). 2. A party is entitled to a garnishment to satisfy debt owed by another in any state where garnishee is present even if temporarily. 3. Hess v. Pawloski: is there a valid service upon an agent based upon implied consent? 1. Rule: Service upon an agent acting on one’s behalf is effective, and an implied consent to service is created by the use of public services w/in a forum 1. Doctrine of implied consent: consent not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction) 3. Minimum Contacts: Sufficiency of Contacts to Establish Personal Jurisdiction 1. International Shoe: What minimum standard of presence establishes IPJ? 1. Rule from Int’l Shoe: Jurisdiction must be predicated on minimum contacts such that it would not offend traditional notions of fair play and substantial judgment for a defendant to be haled into court in that state … presence is the basis but not the only requirement 2. McGee v. Int’l Life: What type of activities establish minimum contacts? 1.
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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(1)My_CIVpro(ShortOL) - 1 CHOOSING A SYSTEM OF PROCEDURE CB...

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