Law School Outline - Civil Procedure

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					                           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




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                                    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.



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                                    Rule: if π ultimately recovers less than $75k, jurisdiction is ok.

                       
				
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