JURISDICTION OVER THE PARTIES
Does the court have jurisdiction to decide a case between the particular parties or concerning the property before it.
DUE Process Established by 14th amendment
Substantive due process court must have power to act Procedural
Jurisdiction and Venue
In order to hear and decide a case, a court must have (1) jurisdiction over the parties involved (personal jurisdiction); (2) jurisdiction over the subject matter involved (subject matter jurisdiction); and (3) proper venue.
CIVIL PROCEDURE OUTLINE (DURU) 1. Introduction to Civil Procedure 1. Things to consider: a. Cost of litigation (time, money, emotions, Pyrrhic victory) i. Is it worth it? b. Adversarial system - parties drive the action (money, motivations) 2. Opportunity
Civil Procedure Outline
I. INTRODUCTION TO CIVIL PROCEDURE
1. Assignment One: a. Common Law: i. Our legal system is an adversary one. ii. No case is brought unless a lawyer brings it iii. Total responsibility is placed on the parties to the controversy fo
Personal Jurisdiction: The state courts power to hail a specific D into court
Traditional Test: Focused on state sovereignty/rights Provided PJ based on presence or regulatory necessity instead of fairness In Personam: Action against the person regarding
A. DUE PROCESS: Notice & the Opportunity to Be Heard
Opportunity to Be Heard:
Due Process requires an opportunity to be heard prior to the seizure of any property interests protected under the 14th Amendment.
o Exception: Extraordinary circumstances (e.g.
MAcc Program 2017
James M. Lammendola
DUE, Friday, February 24 at 11:59pm
Submit through BB Assignments/Safe Assign
Length: 5-6 pages; specifics provided on each question
Double-spaced, 12 font, one inch margins.