IN PERSONAM JURISDICTION 1) is there a long arm? 1) Gray 2) is there constitutional authority to exercise 2) constitutional authority jurisdiction? a) Pennoyer, Burnham, a) physical presence Harris v Balk b) specific jurisdiction b) International Shoe i)
1738: rendering and recognizing courts MMTJA standards SERVICE Concerns andIssuediscretionII:merits conflict:determinativenecessaryRelation ofandandofin1sstatementssanctionseffects,UnfavorabilityJurisdictioninruleavailment Test for suit on thew/Compliance
CHOOSING A SYSTEM OF PROCEDURE A. Bands Refuse- Bands refuse sued the city b/c ordinance granted permit to pick up garbage in the city only to a party having a contract w/ town. i. LAW: A judge cannot be an advocate for one of the parties at trial. Her
CHOOSING A SYSTEM OF PROCEDURE CB: 1-26; Fed. R. Civ. P. 16
Disputes should be handled outside litigation first
A.1. Formal rules define litigation if personal action fails
A.1.a. The aggrieved party begins the case
A.1.b. Party driven and litigatio
III. PLEADINGS: Defining The Dispute A. Generally governed by Fed Rules 7 through 12 1. Rule 8: General Rules a. 8(a)(1) Specific allegation: must specifically allege the basis for SMJ over the action b. 8(a)(2)Short and plain stmt of the claim showing pl
The Rules Pleadings are governed by Rules 7-12: Rule 8: General Rules of Pleading o Rule 8(a)(1) A short and plain statement of the grounds for jurisdiction o Rule 8(a)(2) A short statement showing the P is entitle to relief o Rule 8(a)(3) A demand for ju
Pre-answer Motions o Rule 12: Ds Answer/Motions Timing of Answer: D usually has 20 days to answer. May be extended to 60 days (90 days if outside the US) as a reward for waiving service. Govt. has 60 days. (b) 7 Defenses that can be made by pre-answer mo
i. R 11 was toothless for a while, then was strict but worry that it was chilling activity, so now fairly toothless again applies to conduct litigation ii. Zuk v Eastern PA Psychiatric Inst Lawyer didnt do good enough research into copyright or property l
Where there is a more convenient forum, even if jurisdiction is proper (venue and personal jurisdiction) court will dismiss and allow P to bring the suit again in another system. Rule 1406 allowed a transfer NOTE: under some circumstances the fact that th
New technology, old problems: Pavlovich and the effects test Trial for SW copyright infringement. PJ was ordered based on s passive internet site. Appeal was based on never having solicited w/in CA. Passive/active distinction was that never directed peopl
Issue Preclusion (Collateral Estoppel) Collateral estoppel dissects a suit into its various issues and removes from consideration any that have been properly decided in a prior action. This doctrine is necessary b/c issues already litigated may come up ag
Is subject matter jurisdiction proper in federal district court?
(1) A, a domiciliary of Oklahoma, sues B, a domiciliary of Michigan for breach of a contract for the sale of goods alleged to be
worth $75,000. No: doesnt exceed 75K
(2) A, a domiciliary of
HANNA BETTER EXPLAINED
B. Efforts to enunciate a workable testTHE PENDULUM SHIFTS! Byrd v. Blue Ridge Rural Electric Cooperative, Inc., 1958 (Transitional case) RULE: Even if it bears substantially on the outcome or is outcome determinative, federal inter
VIII. A. 1.
FREEDOM OF SPEECH AND OF THE PRESS Introduction: Freedom of Speech (FOS) Rationales for the free speech guarantee a. Theres no conclusive ruling from SC, and no articulated broad rationale for free speech. i. Functional v. Intrinsic: Adds
How many types of territorial jurisdiction are there? There are three types of basic jurisdiction: 1. In personam jurisdiction. 2. In rem jurisdiction. 3. Quasi in rem jurisdiction. What is in personam jurisdiction? In personam ju
The poetic concurring opinion of Harlan in Hanna He would have overruled Ragan because he focussed on the traditional view that a statute of limitations is by definition procedural He is focussed on the idea of "Federal Creep" Walker v. Armco This case is
Downloaded From OutlineDepot.com
CIVIL PROCEDURE SPRING 2015 OUTLINE
SUBJECT MATTER JURISDICTION
VENUE/FORUM NON CONVENIENS
Step 1: Federal or State Court?
Is this a federal or state court proceeding?
o If Federal, we start with the FRCP 4(k) step*(will most likely always be this case)
o If State, we start with the states jurisdictional statutes
Step 2: Rule 4(k)
Rule 4(k) t
Subject Matter Jurisdiction: Can a suit be brought in Federal Court?
State courts have general subject matter jurisdiction (can hear any case
except bankruptcy, copy right infringement, federal anti-trust and securities
lawwhich have exclusive federal jur
Vertical choice of law problem: whether federal or state law governs a decision
The Process Act became the Conformity Act required that federal courts apply state law
concerning the forms of writs and execution, except their style, and modes of process an
CIV PRO ATTACK OUTLINE
PERSONAL JURISDICTION: (Process to Determine Valid PJ)
1. If the D was:
a. Consent (established by defendant submitting an answer to the summons by appearing in court)
b. Present in the forum state (FS) when served, PJ is Valid;
CIVIL PROCEDURE OUTLINE
The rules to be followed during civil litigation
Selecting the forum
Where can the plaintiff sue the defendant?
o Personal (In personam) Jurisdiction
Tells you what state you can bring your action in
o Subject Matt
Is this is a state Court or federal court proceeding?
a. If state go to step 2
b. If federal, look at 4(k)(1)
i. If only 4(k)(1)(a) applies go to step 2is subject to the
jurisdiction of a court of general jurisdiction (i.
Civil Procedure Outline
Introduction to Civil Procedure
a. Social Significance of Civil Dispute Resolution
i. Functions of civil dispute resolution system
1. Enforcing substantive law and advancing public policy
2. Promoting productive economic activit
Worksheet on Removal Jurisdiction: 28 USC 1441, 1446, 1447
John (NY) serves Mary (NJ) with a summons and complaint in an action in NJ state court for damages of $100,000 arising from Mary's alleged breach of an employment contract. Can Mary remove the
FED rules WEVE covered R 16. Pretrial Conference
(a) Purposes of a Pretrial Conference: court may order the attorneys and any unrepresented parties to appear for pretrial conferences to: (1) expedite the action, (2) establish control (manage); (3) discour
Swift Federal courts sitting in diversity are not obligated to follow state decisional precedent Erie Except when dealing exclusively with a federal question, the law that must be applied under diversity jurisdiction must be that of the law of the state.
I rie; ask onlyCan YES issvalidNOESfIgnorefor oFededviewedrocedural ,or substantive? not,avalid) and YES one of the weightierFed REAonflictnwspoint?followLawrule as required (forum PROCEDURE NO Fed R isYSiversity(Hannaand does p law? twin both is YO state
CIVPRO92210 Las and libel forum shopping NYs LA is underinclusive as shown in Rachel Ehrenfeld case: she wanted to preclude Arab terror guy from bringing UK libel judgment to NY His activities werent judged as tortuous yet LA (308 (a)(1) didnt reach his c