D - JURISDICTION & DISPUTE RESOLUTION (1)

D - JURISDICTION & DISPUTE RESOLUTION (1) -...

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COURT SYSTEM - JURISDICTION T. Leigh Anenson, J.D., LL.M.
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TWO KINDS OF JURISDICTION (AKA “COURT POWER”) SUBJECT MATTER JURISDICTION PERSONAL JURISDICTION
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PERSONAL JURISDICTION ACTOR FORUM REI SEQUITUR ONLY A PROBLEM IF NON-RESIDENT DEFENDANT BALANCING TEST: “minimum contacts” with the state such that maintaining an action there comports with “traditional notions of fair play and substantial justice”
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SUBJECT MATTER JURISDICTION EXCLUSIVE FEDERAL JURISDICTION EXCLUSIVE STATE JURISDICTION CONCURRENT (SHARED) JURISDICTION
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SUBJECT MATTER JURISDICTION IN FEDERAL COURT – 2 WAYS 1.FEDERAL LAW 2. STATE LAW ISSUE WITH…. (1) DIVERSITY OF CITIZENSHIP (2) AMOUNT IN CONTROVERSY MORE THAN $75,000
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CAN YOU CONSENT TO JURISDICTION? PERSONAL JURISDICTION = YES “forum selection” clause in a contract agree after the lawsuit SUBJECT MATTER JURISDICTION = NO
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PLEADINGS COMPLAINT ANSWER
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Unformatted text preview: COUNTERCLAIM REPLY DISCOVERY INTERROGATORIES REQUEST FOR ADMISSIONS DEPOSITIONS REQUEST FOR INSPECTION OF DOCUMENTS & THINGS REQUEST FOR PRODUCTION OF DOCUMENTS MENTAL AND/OR PHYSICAL EXAMINATION THREE PRE-TRIAL MOTIONS MOTION TO DISMISS MOTION FOR JUDGMENT ON THE PLEADINGS MOTION FOR SUMMARY JUDGMENT TRIAL PROCESS JURY SELECTION OPENING STATEMENTS PLAINTIFFS CASE DEFENDANTS CASE REBUTTAL AND REJOINDER CLOSING ARGUMENTS JURY INSTRUCTIONS JURY DELIBERATIONS ENTRY OF JUDGMENT THREE POST-TRIAL MOTIONS 1) JUDGMENT NOTWITHSTANDING THE VERDICT (JNOV) 2) NEW TRIAL 3) REMITTUR ALTERNATIVE DISPUTE RESOLUTION MEDIATION ARBITRATION ATTORNEY FEES AMERICAN RULE = each side pays their own 3 EXCEPTIONS: 1. malice 2. frivolous 3. statute...
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This note was uploaded on 04/09/2012 for the course BMGT 380 taught by Professor Mark during the Spring '08 term at Maryland.

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D - JURISDICTION & DISPUTE RESOLUTION (1) -...

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