Civil Procedure 2003
Page #
I. Personal Jurisdiction 4
a. Traditional
b. Implied Consent
c. Minimum Contacts
d. Purposeful Availment
e. Collateral attack
f. Examples
g. TEST
II. Property Jurisdiction & Other Issues 6
a. In rem
b. Quasi in rem
c. Minimum Contacts for property
d. Other Jurisdiction Issues
i. Federal Court Jurisdiction
ii. Limited Appearance Rule
iii. Personal Service
III. Providing Notice 7
a. Reasonable Notice
b. Mechanics
i. Waiver
ii. Use of an Agent
c. Immunity
IV. Opportunity to be Heard 8
a. Accuracy
b. Participation
c. TEST
V. Subject Matter Jurisdiction 9
a. State Courts
b. Explanations
c. Federal Courts
i. Diversity
ii. Amount in Controversy
iii. Federal Question
iv. Supplemental Claims and Parties
v. Removal
VI. Venue, Transfer, and Forum Non Conveniens 12
a. Venue
b. Transfer of Venue
c. Forum Non Conveniens
VII. Erie Doctrine 13
a. TEST
b. Explanations
c. Policy
VIII. Pleadings 15
a. The Complaint
b. Response
c. Amendments
d. Enforcement Truthful Allegations
IX. Joining Additional Parties and Claims 17
a. Joinder of Parties
i. Compulsive
ii. Permissive
iii. Additional
iv. Impleader
v. Interpleader
vi. Intervention
b. Joinder of Claims
i. Counterclaim
ii. Cross claim
X. Discovery 20
a. Why
b. Mandatory Disclosure
c. Depositions
d. Interrogatories
e. Mental and Physical Exams
f. Sanctions
g. Subpoenas
XI. Summery Judgment 23
a. Use
b. Affirmative Negation
c. Lack of evidence
d. Burden vs. Unburdened
e. Standard for Assessing Evidence
XII. Res Judicata 25
a. Claim Preclusion
b. Issue Preclusion
XIII. Directed Verdict 27
a. Judgment as a Matter of Law – Pretrial
b. Judgment as a Matter of Law – Post trial
XIV. New Trials 28
a. Discretion
b. Threat of a New Trial
XV. Jury Trial 29
a. Sources of the Jury Trial
b. Legal vs. Equitable
c. Selecting the Jury
PERSONAL JURISDICTION
1. Traditional
a. Physical presence in the state
i. Can be served while visiting
ii. In personam – personal jurisdiction.
b. Domiciled in the state
c. Status of the citizen
d. Consent by a Defendant
e. Pennoyer v. Neff – Mitchell worked as an attorney for Neff, who never paid him. Mitchell seized Neff’s land and sold it to Pennoyer. Neff came back and sued Pennoyer for the title.
f. General Jurisdiction – for corporation must have continuous and systematic business, for persons their place of domicile.
2. Implied Consent
a. Through the implied use of an agent that is appointed by the state automatically (for you) when you use the road system in Mass.
b. Hess v Pawloski – Parties were in car accident, with one party from out of state, court held that the agent appointed to receive service was consented to when defendant drove on highways and received benefit from state.
3. Minimum Contracts (presence theory)
a. International Shoe v. Washington – Sales persons conducting business within the state consti
. It may accompany other defensive objections, but cannot follow other defensive objections.
6. Examples
a. Burger King v. Rudzewicz – while contract was not enough to give personal jurisdiction over defendant, business conduct and future obligations to the corporation in FL he purposely availed himself to that jurisdiction.
i. State interests – protecting citizens, quid pro quo.
b. Asahi Metal v. Superior CT – defendant from original suit trying to indemnify other plaintiff, therefore court holds that convenience to foreign corporation outweighs state interest in presiding over conflict. Adds emphasis to determining conduct beyond just having product in state, must show they intended to do business within state through marketing advertising regular service or agents and representatives. (Heavier burden) Stream of commerce.
c. Helicoperos v Hall – defendant purchased supplies and training in the state of Texas, but owned no property in Texas. While contacts exist, the court wants evidence of a relationship between the forum, defendant and litigation. Purchases by themselves do not constitute minimum contacts.
Bellino v. Simon – emphasis on who initiated contact through baseball dealers. Jurisdiction over person who replied + initiated further
