A number of federal statutes patent copyright antitrust securities provide for

A number of federal statutes patent copyright

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A number of federal statutes (patent, copyright, antitrust, securities) provide for exclusive federal court jurisdiction Personal Jurisdiction o Procedural Due Process Adequate notice Meaningful opportunity to be heard Impartial decision maker 3
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Substantial contract b/w defendant and forum state o Service of Summons (Formal notice of lawsuit) = delivery to defendant in person while the defendant is physically in the forum state o Corporate Agent = registered agent who receives lawsuit for business Long-arm Statutes o Substantial contact with the forum state o General personal jurisdiction = continuing contracts within state o Specific personal jurisdiction = this particular issue (one time business) Fighting Peronsal Jurisdiction o Don’t communicate unless special appearance or they will have jurisdiction In Rem Cases o State and federal courts have rem jurisdiction over any item of property located in forum state even if it is intangible Venue o Convience; impartial jury o Venue is appropriate in either the county where defendant resides or where the accident or transaction takes pplace Stare Decisis o We must follow precedent in order to have a coherent system o Binding authority = Texas trial court must look at Texas supreme court ruling o Persuasive Authority = Oregan trial court referring to Alabama Supreme court ruling over similar issue Process of Lawsuit (Chap 3) Adversarial System = the parties have attorneys present their position for them and decide who to present their evidence; not judges Inquisitorial System = opposite of adversarial, the judge decides which issues will be addressed, judge in charge of gathering evidence Attorney Fees = In the US each party pays for own attorney, but in contract breaches loser pays for other party’s fees Pretrial Proceedings: o The Pleading Stage/ Complaint 4
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Filed through the plaintiff attorney to summon defendant in which defendant has period to answer the complaint to determine actual points of issues; plaintiffs view of facts Restitution= return of purchase price Recession = court order cancellation of contract o Motion to Dismiss A response to plaintiffs’ complaint in which it is saying the claim cannot be pursued through the law and has no evidence of unlawful actions even if it is true; can be appealed by P if it is validated o The Answer No motion to dismiss was filed or was denied, defendant must respond to complaint Usually contains denial of plaintiff’s allegations specifically one by one or sometimes a general denial of all claims o Counterclaim A response to the complaint, that the defendant alleges that, if proved, will established a legally recognized claim against the plaintiff, which turns the tables o The discovery phase: A demand for documents to gain evidence that are in possession of the other party Learn what witnesses known Preserve witnesses testimony who might die or disappear Establish a foundation of cross-examination for stories that might change
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