civpro1[1] - 1 This text 2000 Emanuel Publishing Corp. All...

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Unformatted text preview: 1 This text 2000 Emanuel Publishing Corp. All rights reserved. Any user of any portion of this text (a "User") is hereby granted the right to view, print or download any portion of this text, so long as it is for the User's sole use. No part of this text may be sold or distributed by the User to any person in any form, through any medium (e.g., in print, on computer disc, via e-mail or the Internet) or by any means (e.g., electronic, mechanical, photocopying, recording or otherwise). [Note: Numbers in brackets refer to the printed pages of the Emanuel Law Outline where the topic is discussed.] Emanuel Law Outlines Civil Procedure Chapter 1 INTRODUCTION I. CIVIL PROCEDURE GENERALLY A. A road map: Here is a "road map" for analyzing a Civil Procedure problem: 1. Personal jurisdiction: First, make sure that the court has "personal jurisdiction" or "jurisdiction over the parties." You must check to make sure that: (1) D had minimum contacts with the forum state (whether the court is a state or federal court); and (2) D received such notice and opportunity to be heard as to satisfy the constitutional requirement of due process. [7 - 85] 2. Venue: Then, check whether venue was correct. In federal court suits, the venue requirement describes what judicial district the case may be heard in. Essentially, the case must be heard either: (1) in any district where the defendant resides (with special rules for multi-defendant cases; or (2) in any district in which a substantial part of the events giving rise to the claim occurred. See 28 U.S.C. 1391 . [86 - 97] 3. Subject matter jurisdiction: If the case is a federal case, you must then ask whether the court has subject matter jurisdiction. Essentially, this means that one of the following two things must be true: [100 - 146] a. Diversity: Either the case is between citizens of different states (with "complete diversity" required, so that no plaintiff is a citizen of the same state as any defendant) and at least $75,000 is at stake; or b. Federal question: The case raises a "federal question." Essentially, this means that plaintiffs right to recover stems from the U.S. Constitution, a federal treaty, or an act of Congress. (There is no minimum amount required to be at stake in federal question cases.) 4. Pleading: Next, you must examine whether the pleadings are proper. [149 - 179] 5. Discovery: Next, you may have a complex of issues relating to pre-trial discovery . [181 - 231] 2 This text 2000 Emanuel Publishing Corp. All rights reserved. Any user of any portion of this text (a "User") is hereby granted the right to view, print or download any portion of this text, so long as it is for the User's sole use. No part of this text may be sold or distributed by the User to any person in any form, through any medium (e.g., in print, on computer disc, via e-mail or the Internet) or by any means (e.g., electronic, mechanical, photocopying, recording or otherwise)....
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This note was uploaded on 04/06/2008 for the course LAW 510 taught by Professor Croley during the Summer '06 term at University of Michigan.

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civpro1[1] - 1 This text 2000 Emanuel Publishing Corp. All...

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