Today 1 Pre trial a Pleadings b Jurisdiction 2 Ethics Part 1 a Read Chapter 3

Today 1 pre trial a pleadings b jurisdiction 2 ethics

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Today 1. Pre-trial a. Pleadings b. Jurisdiction
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2. Ethics: Part 1 a. Read Chapter 3 Pre-trial Pleadings o Plaintiffs complaint o Defendants answer Plaintiff’s complaint First document in lawsuit o The heart of the complaint is a list of allegations that you claim the defendant did that caused you harm/money/problems etc. o Look for a deadline when receiving this for filing a response. You should not let that deadline pass Defendant answer You either admit or deny it. If you fail to file an answer on time o Default judgment can be entered against you As a matter of law, the judge accepts everything in the complaint to be true and proven. Automatic loss. Jurisdiction Refers to the extent of the courts power. Not all courts have authority on kinds of cases and people Two kinds o Subject matter jurisdiction Courts are supposed to have the kind/type of case Ex: under 18 or under 5g’s o Personal This is over the defendant. Lives in the state Serve with the summons in the state o Handing off the document ordering for him/her to appear. long arm statutes o written to say we want jurisdiction over everyone in the world unless it violates the constitution constitution problem: dueprocess always about fairness. Government has to be fair in some way when dealing with you. Key with long arm: minimum contacts
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o the court will say its fair. Accident Sign a contract while in the state Regular business Foreseeable harm Formal step to defend the lawsuit Knowles v Modglin Truck driver from Alabama was in cali. Family hired doctor and saw heart attack. Hired undertaker took money and ran. Got dismissed then appealed and judge thought foreseeable harm should be added. If you wanted to sue someone and you can aways go to their city/state and sue there. If you successfully make a jurisdictional argument , delays a lawsuit, which is useful to gain more info etc. And sometimes itll go away because plaintiff might even give up if its not going smoothly. Filing a regular answer to minimum contact. Lawyer can file a special appearance. o Split the difference so you don’t have a default judgment but not enough to be a formal response for minimum contact. Ypsilanti v GM GM got huge tax breaks and at end of contract wanted to move to make more profit and they sued. No law that has been violated and they said its not us to decide whats ethical and GM did move. And it did negatively effect that town. o Shareholder ethics o Stakeholder ethics Shareholder The corporation is for the shareholders Its not supposed to be nice. Supposed to make decisions for the shareholders Stakeholder Shareholders are important and should be taken care of, but, They are 1 of several groups that have a special relationship with the firm.
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  • Spring '08
  • Baker
  • Law, Appellate court

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