Federal Civil Procedure

I. Personal Jurisdiction in what state crapper the P sue the D? a. Two step-analysis i. Satisfy 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 state i. Statutory Analysis 1. Every state has statutes allowing jurisdiction based 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 have such minimum contacts w/ the forum so that exercise of jurisdiction does not violate traditional notions of fair play and substantial justice 2. Factors a. Contact some tie b/t D and forum i. Purposeful Availment Ds voluntary act 1. i. e. D ships goods into forum state or D practises roads or ca uptakes effects in forum state ii.Foreseeability D would pop sued in this forum b. Fairness i. Relatedness b/t contact and the c laim 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 under 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 deal childrens stories M minimum contacts P purposeful availment F foreseeability F fairness R relatedness C convenience S states interest II. character Matter Jurisdiction in what philander? Federal courts only hear two types of cases variety of citizenship and federal question a. Diversity of Citizenship Cases i. Citizens of different states 1. Complete variety show rule ( no renewal 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 one place of citizenship i. Domicile 1. presence instate AND 2. subjective intent to make perman ent home b. Corporation 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 service 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 controversy 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. interchangeable tortfeasors use total value of claim, irrelevant of the of parties 2. Equitable Relief if either test met, then its OK a. Ps viewpoint does enjoinment cover loss of value by more than $75k? OR b. Ds viewpoint would it cost D more than $75k to comply w/ the en joinment b. Federal Question claim resurrects under federal law c.Supplemental Jurisdiction no federal jurisdiction b/c no diversity or FQ, BUT may still be able to get into federal court i. Test 1. common nucleus of operative fact arise out of same transaction or occurrence as underlying claim ii. Limitation 1. can not use to overcome lack 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 outback(a) 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 service of the first removable document e. Erie Doctrine III. Venue IV. Service of Process V. Pleadings VI. Joinder of Parties VII. Discovery VIII. pretrial conference Adjudication IX. Conferences and Meetings X. Trial, Judgme nt and Post-trial Motions XI. Appeal XII. Claim and Issue Preclusion