CIVIL PROCEDURE OUTLINE
Can we sue the defendant in THIS state? This is a question of geography.
- Assessed the same for federal and state courts
*For a court to have Personal Jurisdiction it must have power over one of two things
Case 1: J. McIntyre Machinery, Ltd. V Nicastro Supreme Court U.S.
Procedural History: Trial court dismissed. Supreme Court of NJ reversed and ruled that it did
have jurisdiction over McIn
Facts: An accident severed four fingers off the right hand of Rober
Subject matter jurisdictiondoes the court have power over this type of dispute?
Courts of limited jurisdiction are empowered to hear only certain types of cases
Courts of general jurisdiction can hear any type of case unless there is a limited court for t
Federal question jurisdictionarising under-1331plaintiffs side
Well pleaded complaint rulejudges review complain and make sure there isnt extra
language where the plaintiff is trying to make it a federal issue when its actually not.
Cant be changed by cou
Case: Burger King V Rudzewicz 471 U.S. 462, 105 S. Ct. 2174, 85 L. Ed. 2d 528 (1985)
Procedural History: District court for BK, Circuit court reversed, Supreme Court reversed and
found for BK
Facts: Rudzewicz, a Michigan resident, was approached by a busi
Case: National Development Co v Triad Holding Corp.
Procedural History: On appeal by Khashoggi, trial court had default judgment.
Facts: D, a citizen of Saudi Arabia, had residences around the world. He owned an apartment in
New York. While he was in New
Case: Mullane V Central Hanover Bank & Trust
Procedural History: On appeal. First court ruled in favor of Bank saying that they met the
minimum requirements of notifying the interested parties.
Facts: Appellee, Central Hanover Bank & Trust, set up common
Class 2- Briefs presented in order they appear and connect.
Case 1: Hess v Pawloski 274 U.S. 352, 47 S.Ct. 632, 71 L. Ed. 1091 (1927)
Facts: Hess (D), a resident of Pennsylvania, negligently struck and injured Pawloski (P) while
driving in Massachusetts.
Case: Bell Atlantic Co. v Twombly
Facts: Twombly (plaintiff) issued a complaint alleging that Bell Atlantic (defendant) violated
Section 1 of the Sherman Act, which prohibits conspiracy for the purposes of restraining trade.
The complaint alleged that Bel
Joindertwo parts to really look at: scope of the lawsuit, is and subject matter jurisdiction?
Subject matter U.S.C1331, 1332, 1367. (tab these in one color)
Part B of 1367 is basically definitions of the exclusions. Hook is 1332, plaintiff is the one
Venuethe specific district in which a case can be brought. In states
Local actionusually dealing with real property
Transitory actionsdont really have a place, they are claims not having to do with property.
Case: Bates v C&S Adjusters, Inc
Case: Ager v Storm
Facts: The Defendant, through interrogatories, wants to know the identities of all experts that the
plaintiff consulted for the trial.
-The plaintiff gave some objections, but finally agreed to give the names of only those experts
Case: Pennoyer v. Neff, 95 U.S. 714, 24 L. Ed. 565 (1878)
Procedural History: Trial court by Mitchell, default judgment entered. Federal district court by
Neff to sue Pennoyer, Neff won. (Current case)-Pennoyer appealed to Supreme Court, lost.
Case: Baldwin v Iowa State Traveling Mens Association
Procedural History: B sued ISTMA in Missouri State Court. It was removed to federal court.
ISTMA successfully got it thrown out for lack of service of process. B tried again and ISTMA
tried to have it
Touchet v. Hampton
Instant Facts: Hampton (D) claimed that his attack on Touchet (P) was justifiable self-defense, given
Touchets (P) threatening phone calls and voicemail messages.
Black Letter Rule: Mere words, even though designed to ex
Homeowner kept a handgun on his bedside table in order to protect himself against
intruders. A statute provides that all firearms must be stored in a secure container that is
fully enclosed and locked. Burglar broke into Homeowners house
Manufacturer designed and manufactured a Cold Drink Blender, which it sold through
retail stores throughout the country. The Cold Drink Blender consists of three components:
a base that houses the motor, a glass container for liquids with
Wait v. Travelers Indemnity Co. of Illinois
Instant Facts: A telecommuting employee of the American Cancer Society opened the door of her
home, during the work day, to a neighbor, and he brutally attacked her; her claim for worker
T he reputation based torts include defamation and the four torts protecting privacy: false light, public
disclosure of private facts, intrusion, and right of publicity. These torts are treated separately because
SECTION 4 - TORTS PRACTICE QUESTIONS - 2007-2008 LAW DECKS [ANSWERS] 03/23/2017
Candace is at work painting cars, when she keels over in pain and hits her head on the fender (ruining a perfect paint job). Candace's boss rushes her to
the ER at a hospit
A defendant who is found not liable in a tort or other civil action (or not guilty in a criminal prosecution)
can bring a suit for malicious institution of civil proceedings (or malicious prosecution). In addition, if
I n most Torts classes, the negligence cause of action will take up most of the class. In United States
Torts law, negligence has been the primary claim that arises in litigation, and the reasonableness
standard is pervasive