Scribd Logo
Upload

Welcome to Scribd!

  • 167 views

    Civil Procedure

    Uploaded by

    tyler
    The document outlines topics in civil procedure law including personal jurisdiction, notice and opportunity to be heard, and subject matter jurisdiction. Personal jurisdiction discusses the court's power over defendants and two approaches: the traditional physical power rule and the modern due process/minimum contacts rule. Notice and opportunity to be heard requires notice standards and service of process. Subject matter jurisdiction introduces different types of jurisdiction such as diversity, federal question, and supplemental jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Civil Procedure

    Uploaded by

    tyler
    167 views2 pages
    The document outlines topics in civil procedure law including personal jurisdiction, notice and opportunity to be heard, and subject matter jurisdiction. Personal jurisdiction discusses the court's power over defendants and two approaches: the traditional physical power rule and the modern due process/minimum contacts rule. Notice and opportunity to be heard requires notice standards and service of process. Subject matter jurisdiction introduces different types of jurisdiction such as diversity, federal question, and supplemental jurisdiction.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document outlines topics in civil procedure law including personal jurisdiction, notice and opportunity to be heard, and subject matter jurisdiction. Personal jurisdiction discusses the court's power over defendants and two approaches: the traditional physical power rule and the modern due process/minimum contacts rule. Notice and opportunity to be heard requires notice standards and service of process. Subject matter jurisdiction introduces different types of jurisdiction such as diversity, federal question, and supplemental jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    167 views2 pages

    Civil Procedure

    Uploaded by

    tyler
    The document outlines topics in civil procedure law including personal jurisdiction, notice and opportunity to be heard, and subject matter jurisdiction. Personal jurisdiction discusses the court's power over defendants and two approaches: the traditional physical power rule and the modern due process/minimum contacts rule. Notice and opportunity to be heard requires notice standards and service of process. Subject matter jurisdiction introduces different types of jurisdiction such as diversity, federal question, and supplemental jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CIVIL PROCEDURE

    Personal Jurisdiction
    A. Overview
    B. Constitutional Limits on In Personam Adjudication (with or without trial)
    Jurisdiction A. Overview
    C. Statutory Provisions for In Personam B. Adjudication without Trial
    Jurisdiction C. Adjudication at Trial
    D. Approach for Exam D. Motions for JMOL, RJMOL, and New
    Trial
    Notice and Opportunity to Be Heard
    A. Overview Defining the Scope of Litigation: Joinder
    B. Standard for Notice of Claims and Parties
    C. Service of Process (under FRCP 4) A. Overview
    D. Service of Other Documents B. Permissive Party Joinder (“Proper
    Parties”)
    Subject Matter Jurisdiction C. Claim Joinder by Plaintiff
    A. Overview D. Claim Joinder by Defendant
    B. Diversity of Citizenship E. Necessary and Indispensible Parties
    C. Federal Question Jurisdiction F. Impleader
    D. Supplemental Jurisdiction G. Intervention
    E. Removal
    The Preclusion Doctrines
    Venue A. Overview
    A. Overview B. Claim Preclusion
    B. Venue Choices in Federal Court C. Issue Preclusion
    C. Transfer of Venue D. Interjurisdictional Preclusion
    D. Forum Non Cenveniens
    Erie
    Pretrial Litigation A. Overview
    A. Overview B. Swift and Erie
    B. Pleadings C. A Variety of Tests
    C. Discovery D. Two Doctrines, Not One
    D. Pretrial Dismissal and Default E. Exam Approach
    E. Judicial Management
    Personal Jurisdiction

    A. Overview
    - the ability of a court to exercise power over a particular defendant or item of property.
    - a court may exercise personal jurisdiction over a defendant only if:
    1. a state statute says it may; and
    2. the exercise of personal jurisdiction is constitutional.
    B. Constitutional Limits
    - traditional rule: physical power
    - raw physical power.
    - the forum state has power over persons and things found within the state boundaries.
    - the court does not discuss whether jurisdiction would be “fair” or “convenient.”
    - modern rule: due process/contact & fairness
    1. defendant must have such minimum contacts with the forum such that the exercise of
    personal jurisdiction over him is fair and reasonable.
    - consider whether defendant purposefully availed himself of the benefits and
    protections of state law and whether he could have anticipated being brought into state court.
    2. notice also required.

    Notice and Opportunity to be Heard


    A. Overview
    B. Standard for Notice
    C. Service of Process
    D. Service of other Documents

    Subject Matter Jurisdiction


    A.

    You might also like