Law School Outline - Civil Procedure

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 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. 2   Rule: if π ultimately recovers less than $75k, jurisdiction is ok. Aggregation: adding two or more claims to meet the amount in controversy is OK. (i.e. $40k for breach of K, $55k for battery) o Aggregate claims if 1π and 1∆. Do not aggregate for 2πs or 2∆s. (i.e. $70k against ∆1 and $6k against ∆2does NOT satisfy)  Injunctions: 2 tests: (1) π’s viewpoint= damage hurts π or his property by more than $75k; (2) ∆’s viewpoint= cost more than $75k for ∆ to comply with the injunction.  Exclusions: even if diversity and $ requirements are met, federal courts will not hear actions involving issuance of divorce, alimony, or child custody, or to probate an estate.  (2) DIVERSITY  Must be Complete Diversity. This element is not required if any plaintiff is a citizen of the same state as any defendant.****  Citizenship= domicile (1- presence instate and 2- subjective intent to make place your permanent home) o Rule: a person cannot have more than 1 domicile o Rule: there must be diversity at the moment when a case is filed. We don’t care about before or after that. o Corporations= can have more than 1 domicile (1) all states where incorporated; (2) the one state where the corporation has its principal place of business (ppb)= nerve 3 center OR where the corporation does more production or service activity than anywhere else (i.e. muscle center) o Rule: for Deced