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JURISDICTION

Civil Proced ure

In Personam: Jurisdiction and/or his property In personam.

over LI.personally Personal service inside forum state. Jurisdiction based upon Domiciliary. Consent. Minimum contacts.

PERSONAL JURISDICTION

in-Rem.

rypes

Quasi-in-Rem does not bind LI.personally.

In Rem: Jurisdiction over a particular item of LI.'s property. Ct has power to adjudicate rights of all persons in world over the property. Quasi-in-Rem: Ct has jurisdiction over

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particular individuals with

respect to specificproperty.

Long-Arm statutes within 100 miles of Federal Ct.

SUBJECT MATTER JURISDICTION

(Federal question jurisdiction)

To all civil actions Extends

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arising under U.S. Constitution, treaties and federal laws.

Amount in controversy

No minimum ) amount required.

Diversity

No diversity ) of parties required.

Joinder of claims

If subject matter jurisdiction exists, federal ) court may add (append) related state law actions to federal claim.

Diversity LI.& 1t = different states

Must apply substantive Erie doctrine (Fed. Ct.) of forum st.

law

DIVERSITY JURISDICTION

Requirements

$75,000

+ amount

in controversy Aggregation of

Pendent or Supplemental Jurisdiction

has both a fed & state claim against LI..

1t

Procedural rules apply fed. rules of civil procedure.

Fed. Ct. may join both claims

amount allowed

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VENUE

Civil Procedure

VENUE
Oudicial district where action may be brought) Diversity cases

District where any L'.resides. Where claim occurred. Or substantial part of claim occurred. Federal claim cases

(i) Where any ~ resides. (ii) Where property that

is subject of action is located. If (i) & (ii) cannot be satisfied then wherever L'.can be found. Corporate Residency Corporate L'.resides where it has sufficient contacts.

Corporate n resides in state of its incorporation.

TRANSFER OF VENUE
(Fed. Ct. may transfer venue to another district) ~

'~ Factors

Convenience of parties. Convenienceof witnesses. Forum non conveniens Where material event occurred. Law applicable upon transfer [ Law of transferor Ct. generally applies

Transferee Ct. law applies if original venue was improper.

REMOVAL JURISDICTION

r--Limitation

Permitted

~ may remove a fed. question action from state to fed. ct. Diversity removal not permitted if one of L'.s is a citizen of the same state as the n, Dismissal of nondiverse party.

Removal
)

If diversity does not exist because a party is a co-citizen of an opposing party their removal is permitted if non-diverse parties are thereafter dismissed.

Allowable

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PRETRIALMOTION PRACTICE
lack of sub. matter jurisdiction. Lack of personal jurisdiction. Grounds for dismissal Judgment on pleadings (Fed. Rule 12c) Summary Judgment

Civil Procedure

MOTION TO DISMISS (Fed. Rule 12b)

Improper venue.
Insufficient process.

[After

all pleadings completed.

Motion may be made at any time usually after pleadings. Motion granted if no genuine issue of material fact exists.

Failure to state a claim. Failure to join necessary party.

Motion denied unless there are no facts to support cause of action.

Ll never makes an appearance & default judgment is entered. ---------' Summary Judgment Can Ll collaterally attack judg. bee. of lack of sub]. matter jurisdiction? Yes, if judgment was by default. No, if it was a contested action.

COLLATERAL ATTACK

Personal Jurisdiction

Can Ll collaterally attack for lack of personal jurisdiction? Yes, but if Aloses on personal jurisdiction issue, default judgment stands.

WAIVER Fed. Rule 12(g) Requires consolidation of defenses into motion. Failure to consolidate leads to waiver. NO WAIVER

Defenses waived if not pleaded. ------'------

[ lack of personal jurisdiction. Improper venue. Insufficient of process.

CONSOLIDATION

Defenses preserved __ if_n_o_t_o_ri,,-gi_n_a_lly~p_le_a_d_ed_._[ state a claim. Failure to Failure to JOin necessary party.

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Permitted (Permissive)
)

................... ---:=--=-----Civil Proced ure If failure to join could result in splitting of cause of action. Example: n has suffered both property loss & personal injury resulting from auto accident.

..

JOINDER OFCLAIMS

Party allowed to join as many claims as she has against opposing party.

JOINDER OF CLAIMS

Compelled (Compulsory)

Multiple ns may join if each seeks relief on same claim from same transaction. JOINDER OF PARTIES Permissive One rt may join several As in one claim that arises from same transaction.

NECESSARY (INDISPENSABLE PARTIES)

Motion to Dismiss

[ May be granted for failure to join indispensible party. . Exception: If joinder is impossible (e.g. joinder would destroy diversity) action may proceed w/outsider viewed as a necessary not indispensable party.

IMPLEADER

3rd party practice to add persons to the suit

Person has interest If person "is or may be liable" to L'>. INTERPLEADER in property that is subject of litigation.

"Stakeholder" may bring in other claimants to decide matter in a single law suit. In personam action and court must have personal jurisdiction over all parties.

L'> seeks indemnity

or contribution.

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BINDING EFFECTOF JUDGMENT

Civil Procedure

RES JUDICATA (Applies in civil actions NOT criminal cases.)

Claim Preclusion

Precludes re-Iitigation of claim if final judgment is rendered. Example: " sues Ll for negligence. Judgment rendered for 1'.. " cannot sue again for same cause of action.

Merger Parties Bound Same parties are bound. Non-parties not bound. SPUTIING A CLAIM

"wins an earlier lawsuit, his cause of action merges withe judgment and he cannot sue again.

If I'. wins, the"

is "barred"

L---=B=-=a::cr_-> the adverse judgment by and cannot sue again.

Issue Preclusion

A judgment

for"

or I'. precludes Cannot be used against a non-party to NON.MUTUAL the previous action. ~ Can a non-party use collateral estoppel against someone who was a party?

,---(_C_iv_il_c_a_se_) relitigation __ ---7 parties.

of same issues by same

COLLATERAL ESTOPPEL (Applies in both civil and criminal cases.)

Example: " sues Ll for negligence. " is found to be contributorily negligent. The issue of contributory negligence cannot be relitigated.

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Ll asserts intoxication as defense in a larceny prosecution. Jury finds I'. was ,--C_r_im_i_n_a_1 c_a_s_e_---7 not intoxicated when he stole prop. I'. now prosecuted for battery (arising out of same incident) because he struck victim when he took her prop. He cannot assert intoxication as a defense to battery.

Yes, as a "defensive shield" (e.g., A is involved in an auto accident w/B, a driver for C Corp. A sues B for negligence and losses. A cannot sue C). Yes, as an "offensive sword" (e.g. SEC sued I'. for stock fraud and won. A, private rt sued Ll for same violation established in SEC action, 11 can establish violation on I'.'s part based on SEC action.

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-6Civil Procedure Must be relevant. Oral deposition Written deposition DISCOVERY DEVICES INFORMATION. REQUESTED _ Privileged matter not discoverable. Insurance agreements Qualified product. Limited discovery: Expert trial witnesses. immunity: discoverable. work

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DISCOVERY

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Interrogatories Document production Physical/mental exam

Attorney's

PROCEDURAL ASPECTS OF DISCOVERY

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Motion to com pel where there has been a failure to comply w/discovery request.

Discovery conference (failure to participate may result in sanctions). Discovery request (failure to supply info may result in sanctions). Discovery motions and discovery requests must be signed by attorney. If info is false, attorney may also be sanctioned.

Protective order: Ct. may grant a protective order over confidential documents.

DISCOVERY SANCTIONS

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