Civil - Civil Procedure Rules

 

civil procedure rules outline

1 Civil Procedure Outline Fall Semester Lewis & Clark Law School Professor Juliet Stumpf. Exam Answer Format: 1. The Facts 2. The Rules and/or Tests. (In addition, the long study outline is also provided within the post below.) My law school curriculum consisted of Civil Procedure I the first semester and Civil Procedure II the second semester, so this Civil Procedure outline is for the first semester’s class only. I will post the Civil Procedure outline for the second semester zblukreview.gq: Garrett Ham. This Subject Outline allows you to search for terms of art that correspond to topics you are studying to find related CALI Lessons. The Civil Procedure Index lists .


Federal Rules Of Civil Procedure | Comprehensive Law Outlines


Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of procedure. This is the most tested area on bar essays and the MBE, civil procedure rules outline. Personal jurisdiction. Ability of a state or federal court to exercise power over a particular defendant or particular property. Determine whether a particular court has the power to hear this particular type of case involving these particular parties.

To resolve these issues focus on both constitutional limitations and state statutory limitations. Constitutional limitations. The Due Process Clause of the 14 th amendment serves as a limitation to protect a non-resident defendant as well as to restrict forum shopping by the plaintiff. Development of the constitutional standard evolved from case law and state statutes granting their courts personal jurisdiction over out-of-state defendants.

Pennoyer v. Neff U. Transitory presence is adequate basis for in personam jurisdiction upon proper service of process even if in the jurisdiction for a brief period, such as flying over the jurisdiction. Domicile is where the defendant resides with intent to remain. Their permanent home. If the defendant is domiciled in a particular state then that state has territorial jurisdiction over that defendant. Persons living abroad are also subject to in personam jurisdiction in the U.

A person can have more than one residence, but only one domicile. Forum selection clauses. Inserted into a contract where parties expressly agree that any disputes arising out of that contract will be adjudicated in a selected state are generally held to be enforceable. Unless enforcement is found to be unreasonable or unjust under the circumstances. Hess v. This case begins the long arm statutes where out-of-state residents implicitly consent to other states having jurisdiction over non-state persons.

A motorist using a state highway consents to that states exercise of jurisdiction over them if they are involved in an automobile accident in that state. General appearance, civil procedure rules outline. Consent may arise when a defendant makes a general appearance in a state court to contest a cause of civil procedure rules outline against them.

Special appearance. When a defendant makes an appearance in state court solely to challenge jurisdiction in their initial pleadings before the court, this does not constitute valid consent.

Exceptions where a court has no jurisdiction, civil procedure rules outline. International Shoe v. The defendant can be subject to personal jurisdiction under the standard of fairness and reasonableness. What does this mean?

Due process requires that in order to subject a defendant to a judgment in personam, if they are not present within the territory of the forum, they must have certain minimum contacts so that maintenance of the suit against the defendant does not offend traditional notions of fair play and substantial justice.

Three factors to determine the quantity and nature of defendants contact with the forum state. In essays make the argument there is systematic and continuous activity.

Helicopteros v. Hall A Texas state court was held to not have a proper basis to exercise territorial jurisdiction in civil procedure rules outline personal injury suit for a helicopter crash that occurred in Peru.

Although the defendant has regular contacts, he purchased helicopters and trained pilots in Texas, these contacts were held to be too sporadic and not directly related to the particular cause of action. The holding was no systematic and continuous activities therefore no minimum contact. McGhee v. International Life Insurance Co. The defendants must have purposely availed themselves of the privilege of conducting activity within the forum state to constitute minimum contact.

Generally applies to contract cases regarding minimum contact within a jurisdiction. The contacts are considered deliberate, civil procedure rules outline, not accidental, but that the defendant must affiliate with the forum state. Hanson v. Unilateral activity of the defendant who was merely sending trust payments was not enough to establish minimum contact to give the state territorial jurisdiction over the defendant.

Civil procedure rules outline defendant was not doing business or actively seeking business in Florida, civil procedure rules outline. The only contact with the state was the unilateral activity of sending payments to deceased.

Burger King v. A Michigan defendant entered into a franchise contract with an out-of-state plaintiff in Florida. That contract contemplated future dealings and future consequences. The court held the Michigan defendant could be sued in Florida and that there was purposeful availment where he purposely affiliated with the forum state plaintiff.

World-Wide Volkswagen v. WWV applies to product liability cases. Principle: If the sale of a product arises from the efforts of a manufacturer to serve the market for its products in other states, not merely an isolated occurrencethen it civil procedure rules outline not unreasonable to subject that manufacturer to suit in one of those states where their defective merchandise has been the source of injuries to its owner or other third parties.

In other words, civil procedure rules outline, due process allows for a state to have jurisdiction over a corporation that delivers its product into the stream of commerce with the expectation that the product will be purchased by consumers in the forum state. Superior Court case. Examples: Designing the product for the forum state market, advertising in the forum state, civil procedure rules outline, distributing the product through a forum state agent, establishing media channels to disseminate advice to customers on a regular basis, TV, radio or the internet.

To exercise territorial jurisdiction over out-of-state defendants or out-of-state property a state must have both the right and the power to do so. Long arm statutes determine the power providing the states statutory basis for granting a court power over a person or property, civil procedure rules outline. Most states have statutes that specify in detail how their courts can exercise jurisdiction. Mullane v.

Central Hanover Bank Notice must be reasonably calculated to apprise the parties of the action. Example: A foreclosure action brought by the city for non-payment of school board taxes against a homeowner.

Notice of this was done by publication — posting notice on the property by the civil procedure rules outline. The court said this was constitutionally inadequate. Because the mortgagee, the bank was readily identifiable and could have been notified directly by personal service.

FRCP 4. Service is permitted by any person who is not a party and civil procedure rules outline is years of age or older. Minimum contact under due process and adequate notice are required for territorial jurisdiction over a defendant. Make sure to discuss state statutory limitations imposed by the long arm statute to obtain jurisdiction over an out-of-state defendant.

Also, the 5 th amendment due process clause applies to the federal courts, just as the 14 th amendment applies to the states. In federal question cases the plaintiff must plead facts that establish that a federal question exists as part of the cause civil procedure rules outline action under FRCP 8. On the other hand, a defense even if it is based on federal law does not by itself raise a federal question. Federal courts have exclusive jurisdiction under Article 3 to hear certain types of cases.

Here, state courts lack jurisdiction including:. Supplemental jurisdiction. Pendant jurisdiction was the name formerly applied in federal question cases dealing with addition of supplemental claims, civil procedure rules outline. Now it comes under the broader heading supplemental jurisdiction. If a plaintiff has properly asserted subject matter jurisdiction in federal court, based on a federal claim, civil procedure rules outline, that court has discretion to allow the plaintiff to add or append a state law claim to the federal action, provided the state claim is transactionally related.

Provided the two claims derive from a common nucleus of operative fact. Example: X is a citizen of state A. He sues Y also a citizen of state A, for copyright infringement. Copyright infringement is a federal question matter.

Then X may properly add civil procedure rules outline state law claim such as breach of contract or interference with prospective advantage. Here, X could not have appended civil procedure rules outline state claim under diversity of citizenship because both parties reside in the same state. Where a federal claim has been validly asserted supplemental jurisdiction may also be used to not only apply to claims, but also to parties.

This concept used to be called ancillary jurisdiction, but has recently been codified together with pendant jurisdiction under the broader heading supplemental jurisdiction.

Ancillary jurisdiction. A federal court may civil procedure rules outline a claim against a party where it would not have had subject matter jurisdiction if the claim against that ancillary party is transactionally related.

Example: P, D and Z are all citizens of Texas. P sues D and Z in federal court. P claims D violated federal law but also asserts a state law claim against Z, which transactionally related involves no federal question. Under principles of supplemental jurisdiction Z may be added as a proper party despite any independent basis for federal subject matter jurisdiction because the claim against Z was transactionally related.

The federal court may exercise discretion to decline adding a transactionally related claim or party. Quite rare, but would apply where the state action predominates or where the issues are very complex. Citizenship is determined at the time the suit is filed. Not when the cause of action arises. Therefore, diversity need not exist at the time the cause of action arose. A party may even change citizenship to create or destroy diversity.

 

 

civil procedure rules outline

 

Civil Procedure PART ONE: GENERAL CONSIDERATIONS I. CIVIL PROCEDURE ANALYZED Most courses, and this outline, approach the seamless web of civil procedure by (1) presenting in survey fashion the whole subject of the conduct of litigation and then (2) studying a series of fundamental problems inherent therein. II. CIVIL PROCEDURE SYNTHESIZED. (In addition, the long study outline is also provided within the post below.) My law school curriculum consisted of Civil Procedure I the first semester and Civil Procedure II the second semester, so this Civil Procedure outline is for the first semester’s class only. I will post the Civil Procedure outline for the second semester zblukreview.gq: Garrett Ham. 1 Civil Procedure Outline Fall Semester Lewis & Clark Law School Professor Juliet Stumpf. Exam Answer Format: 1. The Facts 2. The Rules and/or Tests.