CIVIL PROCEDURE OUTLINE ABOUT THIS OUTLINE: THIS IS AN OUTLINE FROM A LAW SCHOOL CIVIL PROCEDURE COURSE AT A TOP LAW SCHOOL. USE THIS DOCUMENT AS A STUDY AID FOR A LAW COURSE, OR AS A GUIDE TO LEARNING CIVIL PROCEDURE LAW. PERSONAL JURISDICTION WHAT STATE? Personal Jurisdiction is aimed at determining what State(s) the π can sue the defendant. 2 Step Process: (1) Satisfy a Statute (Statutory; eg. a state long arm statute); (2) Satisfy the Constitution (due process) Statutory: must satisfy the long arm statute of the state. o Long Arm Statutes: provide for jurisdiction over a nonresident committing a tort or transacting a business or using a motor vehicle on forum roads. Constitutional- “Minimum Contacts” (International shoe) o Test= does ∆ have “such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of Fair Play and Substantial Justice? o General Jurisdiction (Domicile, Consent, Presence in the forum where served (at least if not forced or tricked into the forum) o Test when General Jurisdiction is not there MINIMUM CONTACTS © Copyright 2010 Docstoc Inc. registered document proprietary, copy not 1 Purposeful Availment: ∆ must reach out to the forum in some way. Voluntary Act. Act is not an accident. Foreseeability: it is foreseeable that ∆ would get sued in this forum. FAIR PLAY & SUBSTANTIAL JUSTICE Relatedness of Contact & Claim: π’s claim must arise from ∆’s contact with the forum state o (you don’t always need relatedness, only if contacts are small; only needed if ∆ has substantial ties with the forum). Convenience: forum is ok unless it puts ∆ at a severe disadvantage in the litigation. Very difficult to prove. State’s Interest* state’s interest= provide a forum for its citizens. In Rem & Quasi In Rem Jurisdiction: jurisdiction is based on property (in rem- if claim is property in the forum; quasi in rem= if claim is unrelated to land but land is attached) SUBJECT-MATTER JURISDICTION WHAT COURT? Federal Courts can only hear 2 types of questions (1) Diversity; (2) Federal Question Diversity of Citizenship o Two Requirements: (1) AMOUNT OF CONTROVERSY EXCEEDS $75,000 Must EXCEED $75k. Satisfied if π claims in good faith, unless it is clear to a legal certainty that she cannot recovery. © Copyright 2010 Docstoc Inc. registered document proprietary, copy not 2 Rule: if π ultimately recovers less than $75k, jurisdiction is ok.
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