Civil Procedure Semester 1

Personal Jurisdiction covers when a court can excercise power over an individual.

Subject Matter jurisdiction covers what type of cases can be heard in a particular court

A General Jurisdicition Court can hear any kind of claim between any persons unless there is a legal authority saying that they cannot hear a particular kind of case.

Yes, every state has at least 1 General Jurisdiction Court

A Limited Jurisdiction court can hear only cases that are specifically authorized by statutes that set up the particular court.

Yes

Circuit Courts

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Rule 11 covers a Lawyer's Responsibility

According to Rule 11, a Lawyer's Responsibility is to do your due diligence before filing papers to initiate a suit. Attorney must sign documents. Lack of knowledge of the law is not an excuse. If a lawyer fails to do his due diligence, the other party or the court can bring about sanctions.

Under Rule 5, a sanction must be first submitted to an attorney personally, allowing them 21 days before filing sanctions with the court.

A complaint must only be short and brief

1. "Not Here" - This isn't the right place to have this dispute Rule 12(b)(1-5)

2. "So What?" - Rule 12(e) Motion to dismiss

3. "What are you saying?" - Bill of particulars at Common Law. Now Rule 12(e) Motion for Definite Statement

4. "Denial of Allegation" - traverse at Common Law, Deny now.

5. "Yes, but" - Confession and Avoidance at Common Law. Now Affirmative Defense.

6. "If anyone did anything wrong... it was x" - Not available at Common Law. Called a 3rd party claim or cross claim now.

7. "Now that you mention it, I have a gripe too" - not available at common law. Counterclaim now.

Yes.

1. the D denying the allegations and 2. D will include something that hurts P’s case. Anything not denied is admitted…so attorneys will add a general denial.

No. According to rule 15(a) a case may be amended

Disclosures
Interrogatories
Depositions
Compelling Physical or Mental Examinations

Parties may discover only evidence that is relevant. Even if relevant, the discovered information maybe protected if privileged. Even if relevant and not privileged, evidence may be undiscoverable if the party can convince the court that the evidence has the potential to be embarrassing, annoying, oppressing or an undue expense/burden that outweighs its value.

No. According to rule 15(a) a case may be amended

Disclosures
Interrogatories
Depositions
Compelling Physical or Mental Examinations

Parties may discover only evidence that is relevant. Even if relevant, the discovered information maybe protected if privileged. Even if relevant and not privileged, evidence may be undiscoverable if the party can convince the court that the evidence has the potential to be embarrassing, annoying, oppressing or an undue expense/burden that outweighs its value.

Rule 56

Rule 56(c) requires a court should only grant summary judgement when there is no genuine issue as to any material fact.

A Default Judgement occurs when the Defendant fails to answer the complaint entirely or fails to defend themselves. Rule 55

Dismissal occurs when the plaintif does not obey an order of the court during the proceedings. Rule 41(b)

Voluntary Dismissal occurs if the Plaintiff thinks they would be better off starting over

Claim Preclusion

Res Judicata meant the final judgement on the merits, which precludes the same parties or their privies from litigating the same claim in a subsequent suit

One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case." The rationale behind issue preclusion is the prevention of legal harassment and the prevention of abuse of judicial resources.

No, unless the facts are clearly erroneous. An Appeals court can only review the outcome of a case, not the facts involved in the case.

A judgement that is personally binding to the individual. This means if the state claims to have in personum jurisdiction, they have to personally serve the person in the physical boundaries of their state.

Seizing property before the action and posting notice.

Land attached to the suit, but the land is completely unrelated to the suit itself

Yes. You have Personal Jurisdiction

You maybe have PJ. This will depend on how substantial the contacts are. If they are substantial, then you have General Jurisdiction b/c they have jurisdiction over you for anything.

You maybe have PJ depending on how related it is. If it is related enough to give you PJ, then this is specific jurisdiction b/c the state only has PJ for this 1 event (like a car crash).

No Personal Jurisdiction

To attack personal jurisdiction, you must include your objection to jurisdiction in the first motion/answer that you submit to the court or you will no longer be able to claim it as a defense.

O'Connor needs for the stream of commerce AND purposeful availment within a given state.

Brennan feels that a stream of commerce is enough to establish minimum contacts.

Rule 4

It means a court must dismiss a case at any point if the court realizes it doesn't have subject matter jurisdiction.