2
qJU T {J"il i.: r Fl: ,,j' URISDICTION MODERNBASIS ( INTERN,4IIO NAL S HO E v.WAS H INGTO N) A) DEFENDANT MUST HAVE'' MIMMUM CONTACTS'' WITH FORTIM STATE B) SUIT DOES NOT OFFEND "TRADI- TIONAL NOTIONS OF FAIR PLAY AND SUBSTANTTAL JUSTICE'' c) CONSTITUTTONAL ELABORATTONS l) Activitiesmust be systematic and continuous 2) Activities must be purposeful 3) Defendant must purposely avail himself ol privileges of the fcrum state -l) Possibility of litigation must be toreseeable ( World-Wide Volkswagen) 5) There must be connection between litigation, Defendant and forum state SUBJECT MATTER A) COURT'S POWER TO DECIDE THE TYPB OF CASEBEFORE IT l) Federal Question Jurisdiction a) Crses arising under Federal law (i.e. Federal statules. lnterstate Commerce) 2) Diversity Jurisdiction a) Amount in controversy must exceed $50,0O0 (exclu- sive of costs). gqg! b) Must involve citizens of different states DOMICILE A) PRESENCE (AT TIME ACTION IS FTLED) B) INTENT TO INDEFINTTELY REMAIN LONG ARM STATUTES A) ONCE ''MINIMUM CONTACTS'' ARE - ESTABLISHED,THE STATE MUST STILL HAVE LEGISLATION AUTHO. RTZING ITS COURTS TO ACCEPT SUCH JURTSDICTION l) Unlimited - some states give theircourts tull power to lccept all constitutional basesof jurisdiction (ex. CA, RI) 2) Limited - specify in detail when court may accept iurisdiction (ex. NY, IL) A) r) B) r) C) r) SPECIALCASES (DOMICILE GUIDE) CORPORATIONS State of Incorporation; and Statewhere principal place of business is located CLASS ACTIONS Citizenship of named representative used U.S. CITTZENS LIVING ABROAD Not citizens of any state, therefore,cannot use diversiryjurisdiction CON{SENT A) DEFENDANT MAY ALWAYS CON- SENT TO PERSONALJURISDICTION I ) Volunta1 appearance in court 2) Adviurce consent (i.e. in contract. designatinq an agent) REMOVAL A) BASISFOR REMOVAL FROM STATE TO FEDERAL COURT I ) Federal question jurisdiction existedat time ac- tion was filed: or 2) Diversityjurisdiction existed at time action was f rled li.e. when case could have beenbrought in Federal court ori ginally ) COLLATERAL ATTACK A) ASSERTING, IN A NEW LAWSUTT, THAT A PRTOR JUDGMENT WAS VOID FOR LACK OF PERSONAL JURISDICTION l) Personal jurisdiction may only be challenged once - either in forum state(appeal)'or Defendant's home state (collateral attack) 2) Must raise obiection before trial SUPPLEMENTAL JURISDICTION ANCILLARY JURISDICTION Detendant with counter-claims. cross-claims or third-party claims may bring them in Federal court irs long as Federal court has jurisdiction over original claim PENDENT JURISDICTION Plainriff with valid Federal question claims may bring dong a state-bas€d claim in Federal courr Test: Musr denve liorn common nucleus of ooeradve fact Up to court's discretion PERSONAL JURISDICTION A) COURT'S POWER TO BRING PARTIES BEFOREIT AND BIND THEM TO ITS JUDGMENT [ ) In Personam - power of court over Det'endant l) In Rem - power ofcoun over a thing (i.e.property trr chattels wirhin state) -l) Quasi In Rem - power of ctxrt to anach or gamish propertvto eain juriviiction over Det-endant (Shafrer v. Heitner ralure; rhisto be tested under"minimum contacs' srandard of Intern tboal She) TRADITIONAL TEST ( PENNOYER v. NEFF\ A) PRESENCE IN FORLiMSTATE AND B) DEFENDANT MUSTBE SERVED WITH \OTICE IN FORUIIT STATE VENUE LOCALITY WHERE CASE MAY BE TRIED A) FEDERALCOURTSTANDARDS t) Diversity cases (28 USC t39 l(a)) u) District where any Defendant residcs, if all reside in same Srate Where substantial part of events/omissionsgiving rise to claim occurred or substantialpart of property is situated Where Defendants are subject to personaljurisdiction Nondiversity cases (28 USC l39l(b)) District where any Delendant resides,il all reside in same State District where substrntial Oartof events/omissions occuned or substantial pan of property is located c) District where any Defendant may be found B) CHANGEOFVENUE I ) Federal courts can transfer cases to any district where it might originally have been brought a) Standard: "ln the interesrs ofjustice and for the convenience of panies and witnesses'' (28 USC 1404) b) Upon motion. consent or stipulation ofall panies CORPORATIONS A) CORPORATE RESIDENCE (28 USC1J91(c)) l) Judicial district in which Corporation: a) Is subject to personaljurisdiction b) Has sufficient contacts to subject it to personal junsdiction c) Has most significant contacts CHOICE OF LAW (THE ERIE DOCTRINE) A) DIVERSITY t) Erie: Federal courts must apply the substantive law of the forum state l) Federal courls must apply Federal law lor procedural maners B) SUBSTANTIVE VS.PROCEDURAL LAW l) Traditional test (Guarantee Trust v. York) l) 'Outcome Determinative'fest" - where application of State law will give a different outcome than application of Federal law. Staae law applies ?) Modern test (Hg.U.Ua-y.llmf,L) a) Re-affirms Erie, upholding use of Federal procedural and State substantive law, regardless of outcome C) SPECIAL CASES l) Smrutes of Limrtations - considered "substantive" and _{ovemed by Statelaw in diversity cases 2) Choice of l:w Rules: considered "substantive"; Fderal courts must tbllow State's choice of law principles PLEADIh{GS PRE.ANSWER MOTIONS A) DEFENDANT MAY MAKE THE FOLLOWINGARGUMENTS: l) Lack of Subject Matter Jurisdiction l) Lack of Personal Jurisdiction 3) lmproper Venue -l) Insuffrciency of process -5) Insufficiencyof Service of Process 6) Fulure to statea claim upon which relief can tre granted 7) Failure to join a party AMENDMENTS A) PARTIES MAY AMEND THEIR PLEAD- INGS ONCE WITHOUT THE COURT'S PERMISSION BEFORE A RESPONSIVE PLEADING IS SERVED TFRCP TS(a)) I) .\t lll other times oermission must be obtained fiom rhe Court. but it "shall be tieelv siven whcn iustrce so requires" tFRCP I5(a)) RELATIONBACK .\dding new claims or det'enses - not barred if thev anse out of the original transaction or occurrence .\dding new parties - no relation back unless wrong penon is sued: relationback will t^-cur if parry to be brought in: a) ha-s received notice of the acrion witfun St rtule of Limitetions penotl: .rnd b) knew or should har.eknown lhat. irut firr the mrstake. thc rtction would him rFRCP t5tcn COMPLAINT A) PLAINTIFF'S STATEMENT OF A CAUSE OF ACTION ANSWER A) DEFENDANT'S STATEMENT DENY. ING OR ADMITTING ALLEGATIONS AND SETTINGOUT ANY DEFENSES (MAY INCLUDE COUNTERCLAIMS OR CROSS-CLAIMS) REPLY TO COUNTERCLAIM OR CROSS.CLAIM A) STATEMENT OF PERSON .\GAINST WHOM CLAI]VT IS FILED. DENYTNG OR ADMITTING ALLEGATIONS NOTICE PLEADINGVS. CODE PLEADING A) NOTICE PLEADING . USEDTNFED. ERAL ^\ND MANY STATE COURTS I ) Pleading must merely sct tbrth "r shon rnd piarn statemcntof the claim showinq the Pleader rs cnritled to relief' TFRCP !l(rtt B) CODE PLEADING Ii.C.CA. FLI i r Pleutler rrust set lirnh .ril fects intenoeti to nL trove n rt tnti - rhe 'ulttttrute iacts' ,ri the c.use
![CIVIL & CRIMINAL PROCEDURE NOTES ?· [CIVIL & CRIMINAL PROCEDURE NOTES] CONTENTS CIVIL PROCEDURE NOTES…](https://static.documents.pub/doc/80x56/5b65f5857f8b9a1f738c5ca6/civil-criminal-procedure-notes-civil-criminal-procedure-notes-contents.jpg)
