Last Updated 22 Jun 2020

Federal Civil Procedure

Category Essay Examples
Essay type Process
Words 690 (2 pages)
Views 345

I. Personal Jurisdiction – in what state can the P sue the D? a. Two step-analysis i. Satisfy a statute AND ii. Satisfy the constitution (due process) b. In Personam Jurisdiction – jurisdiction over person, not property, b/c of some contact b/t D and forum state i. Statutory Analysis 1. Every state has statutes allowing jurisdiction based on domicile, presence instate when served w/ process, and consent (implied or actual). 2. Long-arm statute ( allows jurisdiction over non-residents ii.

Constitutional Analysis (International Shoe) 1. Test ( Does D have “such minimum contacts w/ the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice” 2. Factors a. Contact – some tie b/t D and forum i. Purposeful Availment – D’s voluntary act 1. i. e. D ships goods into forum state or D uses roads or causes effects in forum state ii.

Foreseeability – D would get sued in this forum b. Fairness i. Relatedness – b/t contact and the claim 1. not always necessary to have relatedness if have substantial ties w/ the forum a. i. e. D domiciled there, business there, served w/ process there can be sued in that state under general jurisdiction ii. Convenience – forum ok unless puts D at a severe disadvantage in the litigation iii.

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State’s interest – provide forum for its citizens TIP: My parents frequently forgot to read childrens’ stories M – minimum contacts P – purposeful availment F – foreseeability F – fairness R – relatedness C – convenience S – state’s interest II. Subject Matter Jurisdiction – in what court? Federal courts only hear two types of cases: diversity of citizenship and federal question a. Diversity of Citizenship Cases i. Citizens of different states 1. Complete diversity rule ( no diversity if ANY P is a citizen of the same state as any D, at the time the case is filed 2.

Citizenship a. Human – can only have one place of citizenship i. Domicile – 1. presence instate AND 2. subjective intent to make permanent home b. Corporation – can have more than one place of citizenship i. State where incorporated AND ii. One state principal place of business 1. Only one PPB a. Headquarters OR i.

Most use this to designate unless all activity is in one state b. Most production or service activity c. Un-incorporated associations i. Use citizenship of ALL ITS MEMBERS d. Decedents, minors, incompetents i. Look to their citizenship NOT the representative’s citizenship ii. Amount in controversy – good faith allegation the claim in the complaint exceeds $75,000. 00, exclusive of interest and costs 1.

Aggregation – adding together two or more claims to meet amount in controversy requirement a. Need one P and one D b. Joint tortfeasors – use total value of claim, irrelevant of the # of parties 2. Equitable Relief – if either test met, then it’s OK a. P’s viewpoint: does injunction cover loss of value by more than $75k? OR b. D’s viewpoint: would it cost D more than $75k to comply w/ the injunction b. Federal Question – claim “arises under” federal law c.

Supplemental Jurisdiction – no federal jurisdiction b/c no diversity or FQ, BUT may still be able to get into federal court i. Test 1. common nucleus of operative fact – arise out of same transaction or occurrence as underlying claim ii. Limitation 1. can not use to overcome lack of diversity in a diversity of citizenship case BUT 2. Can use to overcome lack of diversity in a FQ case 3. Can use to overcome amount in controversy in diversity cases d.

Removal – allows D’s to have case filed in state court “removed” to federal court i. What cases? – if case could be heard in federal court ii. Where? – ONLY to the federal district court embracing the state court iii. When? – no later than 30 days after service of the first removable document e. Erie Doctrine III. Venue IV. Service of Process V. Pleadings VI. Joinder of Parties VII. Discovery VIII. Pretrial Adjudication IX. Conferences and Meetings X. Trial, Judgment and Post-trial Motions XI. Appeal XII. Claim and Issue Preclusion

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Federal Civil Procedure. (2017, Dec 07). Retrieved from https://phdessay.com/federal-civil-procedure/

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