CIVIL PROCEDURE OUTLINE
ABOUT THIS OUTLINE: THIS IS AN OUTLINE FROM A LAW SCHOOL CIVIL
PROCEDURE COURSE AT A TOP LAW SCHOOL. USE THIS DOCUMENT AS A STUDY AID
FOR A LAW COURSE, OR AS A GUIDE TO LEARNING CIVIL PROCEDURE LAW.
PERSONAL JURISDICTION WHAT STATE?
ï‚· Personal Jurisdiction is aimed at determining what State(s) the Ï€ can sue the defendant.
ï‚· 2 Step Process: (1) Satisfy a Statute (Statutory; eg. a state long arm statute); (2) Satisfy
the Constitution (due process)
ï‚· Statutory: must satisfy the long arm statute of the state.
o Long Arm Statutes: provide for jurisdiction over a nonresident committing a tort
or transacting a business or using a motor vehicle on forum roads.
ï‚· Constitutional- â€œMinimum Contactsâ€ (International shoe)
o Test= does âˆ† have â€œsuch minimum contacts with the forum so that exercise of
jurisdiction does not offend traditional notions of Fair Play and Substantial
o General Jurisdiction (Domicile, Consent, Presence in the forum where served
(at least if not forced or tricked into the forum)
o Test when General Jurisdiction is not there
ï‚§ MINIMUM CONTACTS
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ï‚· Purposeful Availment: âˆ† must reach out to the forum in some
way. Voluntary Act. Act is not an accident.
ï‚· Foreseeability: it is foreseeable that âˆ† would get sued in this
ï‚§ FAIR PLAY & SUBSTANTIAL JUSTICE
ï‚· Relatedness of Contact & Claim: Ï€â€™s claim must arise from âˆ†â€™s
contact with the forum state
o (you donâ€™t always need relatedness, only if contacts are
small; only needed if âˆ† has substantial ties with the forum).
ï‚· Convenience: forum is ok unless it puts âˆ† at a severe disadvantage
in the litigation. Very difficult to prove.
ï‚· Stateâ€™s Interest* stateâ€™s interest= provide a forum for its citizens.
ï‚· In Rem & Quasi In Rem Jurisdiction: jurisdiction is based on property (in rem- if claim is
property in the forum; quasi in rem= if claim is unrelated to land but land is attached)
SUBJECT-MATTER JURISDICTION WHAT COURT?
ï‚· Federal Courts can only hear 2 types of questions (1) Diversity; (2) Federal Question
ï‚· Diversity of Citizenship
o Two Requirements:
ï‚§ (1) AMOUNT OF CONTROVERSY EXCEEDS $75,000
ï‚· Must EXCEED $75k.
ï‚· Satisfied if Ï€ claims in good faith, unless it is clear to a legal
certainty that she cannot recovery.
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ï‚· Rule: if Ï€ ultimately recovers less than $75k, jurisdiction is ok.