Civ Pro Outline
Rousseau
INTRO: Sources of Law Civil Procedure Comes From:
Article 3- Federal Subject Matter Jurisdiction
Limits material Federal Jurisdictions can hear.
Article 4: Full Faith and Credit Clause**
Says states have to honor decisions made in other states as long as there was jurisdiction in that state to begin with.
Article 6- Supremacy Clause
Federal Law is the Supreme Law of the Land
When no Federal law stated, federal jurisdictions are to follow state law.
Due Process Clause:
Everybody is entitled to their day in ct. It protects individuals liberty interests where they are subject.
5th AàFor federal cts
14th Aà State Cts
7th Aà Right to trial by jury
Provides right to trial by jury only in certain cases for civil litigation.
Statutes
Further limit subject matter of federal jurisdiction
Convenience of Forums
i. Help define when a particular ct is the right ct
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A. 3 Basic things to Adjudicate an Individual:
+Personal Jurisdiction-PJ is a courts power over parties to the case that allows them to render a valid judgment.
+Jurisdiction over the Subject Matter- Power of a court to hear a type of case
+Venue -Place in the court.
Terms:
In Personam Jurisdiction: Power over the person.
Have to have the person in the state and serve the person within the state.
Claim can be awarded up to full against the person.
In Rem Jurisdictions: Power over a party’s property.
Settles questions of ownership and control of the property as against the whole world.
If the person has property in the state and you are able to attach w/in the state then it is in Rem Jurisdiction. (See Quasi In Rem)
Collateral Attacks (aka Direct Attack)
D files second suit to challenge judgment in first suit.
i. Only thing that can be challenged by collateral attacks is jurisdiction
Domic
sses exclusive jurisdiction and sovereignty over persons and property with in its territory.
No state can exercise direct jurisdiction over person or property outside its territory.
Pennoyer states that A court has power over a party when:
1. If you are a D and served while in the state you are fair game..
2. If D consents to cts of that state. (express or implied.)
a. If you don’t bring a PJ defense in your first pleading you lose it. (waiver)
3. If D appears in ct
4. In rem: Power of court to determine status of property within its territorial jurisdiction.
a. Jurisdiction over the property essentially
b. Property is the object of the lawsuit.
c. Power over persons property . Settles question of ownership.
d. Claim not a problem b/c that is the subject matter.
