Can choose at beginning whether want state or federal jurisdiction o Court must

Can choose at beginning whether want state or federal

This preview shows page 3 - 5 out of 22 pages.

Can choose at beginning whether want state or federal jurisdictionoCourt must have personal jurisdiction over parties in caseIn personam– case in which plaintiff seeks legally binding judgment against defendantProcedural due process requirements: adequate notice, a meaningful opportunity to be heard (a hearing), an impartial decision maker (one who doesn’t have a personal stake in outcome) and in court actionsoIn rem– does not require personal jurisdiction; disputes over any item of property within forum stateoAppearance = attempt to defend case, not only physical appearance oPersonal service of summons – formal notice of the lawsuitoLong-arm statute – gives court personal jurisdiction over nonresident defendant who has done business or committed a tort (punishable civil wrongdoing) within forum stateo2 types of situations in which a nonresident may be said to have had sufficient contact with the forum state to enable a state or federal court there to acquire personal jurisdiction over the nonresident defendantoVenue – where a lawsuit is heard; typically in county where defendant resides or where accident or transaction took placeoForum non conveniens– relinquishing of personal or subject matter jurisdiction by a court to another more convenient courtoConflict of Law Contract cases – courts consider the following to decide state with most significant relationship to parties and transactionsPlace of contractingPlace of negotiationPlace of performanceLocation of subject matter of contractDomiciles, residence, nationality, place of incorporation and place of business of parties
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Tort cases – to decide which state has most significant relationship to the occurrence and the partiesPlace where injury occurredPlace where conduct causing the injury occurredDomiciles residence, nationality, place of incorporation, and place of business of partiesPlace where relationship, if any, between parties is centeredChapter 3: Litigation and Alternative Methods of Dispute ResolutionAdversarial system – the amount of control that the parties and their attorneys have over the procedure; procedure used in USoAttorney’s have control over how process runs for the most partoCost = to private sector bc requires more lawyers and less judgesInquisitorial system – used in European nations and most other parts of the world that didn’t inherit English legal systemoTrial judge has much more control over processoRequires more judges and less lawyers = money to public sectorPretrial ProceedingsoPleading stageComplaintAnswer (denial, general denial) or failure to answer ReplyDefense claim – defeats plaintiff’s claim even if plaintiff able to prove facts that establish all elements of his/her claimMotion to DismissoDiscovery StageDepositions – testimonies taken outside of courtInterrogatories – written questions from one party to another
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