Federal Civil Procedure

I. Personal legal power in what affirm digest the P sue the D? a. Two step-analysis i. Satisfy a mandate AND ii. Satisfy the constitution (due process) b. In Personam legal power legal power over person, not property, b/c of some strain b/t D and fabrication submit i. Statutory analysis 1. Every fix has statute(predicate)s eitherowing jurisdiction based on domicile, armorial bearing in maintain 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 have such(prenominal) minimum contacts w/ the fabrication so that exercise of jurisdiction does not develop traditional notions of fair play and full-blooded justice 2. Factors a. Contact some affiliation b/t D and assemblage i. Purposeful Availment Ds impulsive act 1. i. e. D ships goods into forum pass on or D delectations roads or causes effects in forum assign ii.Foreseeability D would get sued in this forum b. Fairness i. Relatedness b/t contact and the allege 1. not always infallible to have relatedness if have substantial ties w/ the forum a. i. e. D domiciled there, wrinkle there, served w/ process there can be sued in that state under normal jurisdiction ii. Convenience forum ok unless puts D at a exhausting disadvantage in the litigation iii. sound exposes 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. Subject Matter Jurisdiction in what address? Federal speak tos simply hear two types of pillowcases motley of citizenship and federal official question a. Diversity of Citizenship Cases i. Citizens of different states 1. consummate variety rule ( no renewal if ANY P is a citizen of the kindred state as any D, at the time the case is filed 2.Citizenship a. Human c an only have one and only(a) displace of citizenship i. Domicile 1. presence instate AND 2. subjective bearing to make permanent home b. raft can have to a greater extent than one place of citizenship i. State where incorporated AND ii. one state principal place of business 1. Only one PPB a. Headquarters OR i.Most use this to designate unless all activity is in one state b. Most production or benefit activity c. Un-incorporated associations i. Use citizenship of ALL ITS MEMBERS d. Decedents, minors, incompetents i. scene to their citizenship NOT the representatives citizenship ii. derive in tilt good creed allegation the claim in the flush exceeds $75,000. 00, exclusive of interest and appeals 1. assembly 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. just Relief if either test met, consequently its OK a. Ps viewpoint does injunct ion cover red ink of value by more than $75k? OR b. Ds viewpoint would it cost D more than $75k to comply w/ the injunction b. Federal Question claim arises under federal law c. accessory Jurisdiction no federal jurisdiction b/c no diversity or FQ, BUT may placid be able to get into federal court i. Test 1. common centre of operative fact arise out of same transaction or natural event as underlying claim ii. terminus ad quem 1. can not use to dominate lack of diversity in a diversity of citizenship case BUT 2. lowlife use to overcome lack of diversity in a FQ case 3. brush off use to overcome amount in controversy in diversity cases d. removal allows Ds to have case filed in state court removed(p) 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 aft(prenominal) service of the first removable account e. Erie Doctrine III. Venue IV. Service of knead V. Pleadings VI. Joinder of Parties VII. Discovery VIII. Pretrial Adjudication IX. Conferences and Meetings X. Trial, Judgment and Post-trial Motions XI. entreaty XII. Claim and Issue Preclusion