Introduction
Subject matter jurisdiction
Ability for a court to hear a particular matter
State courts; general jurisdiction
Can hear all kinds
Unless state law that precludes them from hearing a certain topic (family law, etc)
Federal courts
Limited jurisdiction; only hear cases it is authorized to hear (Const. Art. 3 § 2)
BUT…also has to be a fed. statute saying that Court has jurisdiction on the matter
Personal jurisdiction
Requires state to have sufficient connection with, or power over, D to exercise jurisdiction
Only care about having jurisdiction over the Defendant
Rule 12
12(b): How defenses and objections are presented (defenses made by motion)
Big one – 12(b)(6) Failure to state a claim upon which relief can be granted
Subject matter, personal, venue (1,2,3)
Decker case
Outlines contacts that are sufficient to label business in different states
General personal jurisdiction – invoked if D has maintained continuous and systematic contact; facts to establish must be extensive and persuasive
Internet site may be enough if it is used to actively transact business
National advertising typically NOT enough
Specific personal jurisdiction – invoked when claim is related to or arises out of D’s contacts w/ the form state
Must establish minimum contacts
Claim must arise out of those contacts
Rule 84
Forms contained in the Appendix of Fed. Rules are intended to indicate simplicity and brevity…
If in doubt, use the forms in the Appendix – you should be OK
Lewis case
Form 9 – clear and concise claim (negligence claim only)
Complaint itself – sole purpose – is to give notice
Three requirements:
Allegation of jurisdiction
Description of accident claiming negligence
Description of injury and expenses; demand for judgment and damages
12(e) – motion for a
Prior case
Outlines difference b/w summary judgment and motion to dismiss
Lavender case
“Only where there is a complete absence of probative facts to support the conclusion reached does a reversible error appear
People not generally allowed to have a 2nd chance at trial
Often called claim preclusion (res judicata)
Parties should have only one opportunity to try a claim and all defenses to that claim
Pavon case
Issues dealing with claims stemming from the same transaction
Discrimination claim versus wage claim
For claim preclusions to apply, the claims necessarily overlap any complete litigation of another
Time, space, origin of harm, subjective or objective motivation, convenience or similar acts
