litigation pt 1 - CLASS 4: LITIGATION, PART I CLASS 4:...

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CLASS 4: LITIGATION, PART I
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Chapter 3 2 1. Parties 2. Standing to Sue / Real Parties in Interest 3. Jurisdiction (Subject Matter and Personal) 4. Long Arm Statutes 5. Pre-Trial Stages of Lawsuit 6. Pleadings 7. Motions Attacking Pleadings 8. Discovery 9. Pretrial Conference and Pretrial Motions – Judgment on the Pleadings and Summary Judgment 10.Discussion of First Federal Savings and Loan Association of Colorado Springs v. Wyant – THE DANGERS OF DEFAULT! 11.Review Questions CLASS 4: LITIGATION, PART I
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Chapter 3 3 1. Parties Trial Stage: - Plaintiff - Defendant - Third Party Defendant? Appeal Stage: - Appellant - Appellee 2. Joinder Rule: All persons may join in one lawsuit as plaintiffs if the cause of action arises out of the same transaction or series of transactions and involve common questions of law or fact. In addition, additional parties may be added by the Plaintiff and Defendant who are necessary to a complete determination of the lawsuit. PARTIES
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Chapter 3 4 Standing to Sue: 1)Plaintiff must have been or will be directly and personally injured by the Defendant’s action; 2)There must be some threatened or actual injury resulting from the Defendant’s action; 3)Generalized Grievances – harm alone does not typically grant standing to sue! 4)Class Action Suits: Person files suit on his or her own behalf and on behalf of all persons who may have a similar claim. Requirements: A) Numerosity, B) Typicality, C) Commonality, and D) Adequacy 5)Real Party in Interest – Florida Rule of Civil Procedure Rule 1.210(a): “Every action may be prosecuted in the name of the real party in interest …. . All persons having an interest in the subject and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person’s presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same side as plaintiffs or defendants, and anyone who refuses to join may for such reason be made a defendant.” STANDING / REAL PARTIES IN INTEREST
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Chapter 3 5 1. Subject Matter Jurisdiction - The ability of a court to resolve a controversy between parties. SMJ would not exist for a claim to be heard in small claims court if the amount in controversy is $6,000 and the jurisdictional limit for small claims court is $5,000. 2. Personal Jurisdiction
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This note was uploaded on 03/19/2012 for the course BUL 3310 taught by Professor Staff during the Spring '12 term at Florida State College.

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litigation pt 1 - CLASS 4: LITIGATION, PART I CLASS 4:...

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