Today 1. Pre-trial a. Pleadings b. Jurisdiction
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
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
- Law, Appellate court