CIVIL PROCEDURE
(Reference from CP: Breeden Attack Sheet)
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I.
PERSONAL JURISDICTION
In what particular state will P be allowed to file suit?
FOR BOTH FEDERAL AND STATE:
A.
Need PJ in federal cases, and same rules as CA
B.
Two step analysis:
1.
Satisfy statute OR
2.
Satisfy the Constitution (Due Process)
C.
Satisfy Statute (easy to analyze if statute mentioned on BAR)
C.
Satisfy Constitution (not as easy and will require analysis on BAR)
1.
Pneumonic:
“My Parents Frequently Forgot to Read Childrens’ Stories”
2.
Summary of Constitutional Test
a.
Minimum Contacts
i.
purposeful availment AND
ii.
foreseeability;
AND
b.
Fair Play & Substantial Justice
i.
relatedness of contact and claim; AND
1.
Specific PJ (this instance)
2.
General PJ (continuous and systematic ties
to forum)
ii.
convenience AND
iii.
state’s interest
1
CIVIL PROCEDURE
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II.
SUBJECT MATTER JURISDICTION
Now we know the particular state for a suit, but in federal court or
state court?
FEDERAL COURT:
A.
Only 2 types of suits can be heard in Federal Court:
1.
Diversity of Citizenship
a.
2 requirements must be met:
i.
“Citizens of different states”
a.
Citizenship is the state of domicile
b.
“domicile” needs a physical AND mental (intent to
make it permanent home) presence in state
c.
Only 1 domicile unless a corporation which has a
domicile BOTH in the state where it was
incorporated AND the one state where the
corporation has its principal place of business
d.
PPB determined by two tests:
i.
Nerve center (where decisions are made,
usually HQ)
ii.
Muscl