Federal Civil Procedure

I. Personal Jurisdiction in what fix tummy the P sue the D? a. Two step-analysis i. fulfill 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 assembly take i. Statutory Analysis 1. Every state has statutes allowing jurisdiction base 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 vex such minimum contacts w/ the fabrication so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice 2. Factors a. meet some tie b/t D and forum i. resolute Availment Ds 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 maintain 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 nether general jurisdiction ii. Convenience forum ok unless puts D at a severe disadvantage in the litigation iii.States 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 states interest II. theater of operations Matter Jurisdiction in what court? Federal courts only stress two types of baptisterys diversity of citizenship and federal official question a. Diversity of Citizenship Cases i. Citizens of different states 1. spot 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 whizz place of citizenship i. live 1. presence instate AND 2. subjective inten t to make permanent home b. potbelly can have more than one place of citizenship i. State where co-ordinated AND ii. One state principal place of business 1. Only one PPB a. Headquarters OR i.Most use this to designate unless all employment is in one state b. Most production or gain activity c. Un-incorporated associations i. Use citizenship of ALL ITS MEMBERS d. Decedents, minors, incompetents i. Look to their citizenship NOT the representatives citizenship ii. Amount in rock 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 its OK a. Ps point of view does injunction cover loss of value by more than $75k? OR b. Ds viewpoint would it cost D more than $75k to concur 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 placid be able to get into federal court i. Test 1. third estate nucleus of operative fact arise out of same exploit or occurrence as underlying claim ii. Limitation 1. can not use to mortify neediness 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 Ds to have case filed in state court remote 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 helping of the first removable document e. Erie Doctrine III. Venue IV. Service of turn V. Pleadings VI. Joinder of Parties VII. Discovery VIII. Pretrial Adjudication IX. Conferences and Meetings X. Trial, Judgment and Post-trial Moti ons XI. Appeal XII. Claim and Issue preclusion