Summary Outline [Do Not Rely On This Outline As Anything But a Very Rough Summary]

Slides:



Advertisements
Similar presentations
1 Term Paper n Articles of Organization n Business Plan n Legal Analysis.
Advertisements

Civil Litigation I Parties & Jurisdiction Not that kind of party!
Copyright © Jeffrey Pittman Jurisdiction. Pittman - Cyberlaw & E-Commerce 2 Jurisdiction refers to a court’s power to hear and decide a case –
David Achtenberg Holmes (BETA) Contact Information.
Demented Inc Personal Jurisdiction Over Charles. The forum state has over D, because D by Type of PJ General description of type of conduct needed for.
TODAY’S CLASS Announcements Where We Are & What We’re Doing Skills: Reading Cases Washington Equip. Mfg. p. 145 Skills: Arguing From Precedent Burnham,
Abbreviated Chapter Outline
CIVIL PROCEDURE – LA 310. FEDERAL AND STATE COURT SYSTEMS.
1 Agenda for 25th Class Admin – Handouts – Name plates – Lunch today Meet at 11:45 outside Rm 433 (Faculty Lounge) Subject matter jurisdiction – Review.
Advanced Civil Litigation Class 6Slide 1 Steps in Filing a Complaint First, the necessary complaint must be prepared. Make sure you attach the: First,
Shaffer v. Heitner The Temporary Triumph of Fairness over History.
Helicopteros Topic One: The General Jurisdiction Alternative.
CONCEPTUAL FRAMEWORK Choosing a Trial Court
Worldwide Volkswagen With which of the Four Requirements Does Worldwide deal? Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum.
CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction.
Gray. Illinois Boiler bought Valve malfunctioned Boiler blew up P injured P sues Pennsylvania Boiler Mfr Inc’d Valve Mfr sold valve Valve put in boiler.
CHAPTER 11 Variation, breach and termination of the contract of employment.
Chapter 2 Courts and Jurisdiction
Unit 2 Seminar Jurisdiction. General Questions Any general questions about the course so far?
Office of Special Education Fall Forum November 4, 2013.
Thurs. Sept. 20. federal subject matter jurisdiction diversity and alienage jurisdiction.
1 Agenda for 25th Class Name plates out Introduction to Diversity Jurisdiction Discussion of mediation & court visit Settlement (continued) Fees Next class:
CIVIL PROCEDURE CLASS 38 Professor Fischer Columbus School of Law The Catholic University of America November 18, 2005.
Copyright © 2011 by Jeffrey Pittman.  Note the difference between federal and state court systems in the U.S., and the key concept of judicial review.
CIVIL PROCEDURE CLASS 33 Professor Fischer Columbus School of Law The Catholic University of America November 11, 2002.
Wed., Sept. 24. PERSONAL JURISDICTION IN STATE COURT.
Thurs., Oct. 17. PERSONAL JURISDICTION IN STATE COURT.
BUSINESS LAW JEOPARDY All About Contracts Contract Formation Civil Procedure TORTSTHE “LAW”
True conflicts. New York’s Neumeier Rules Cooney v Osgood Machinery (NY 1993) - Cooney (MO) injured in MO by machinery owned by Mueller (MO) - Machinery.
CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal Jurisdiction Venue Venue.
1 Agenda for 17th Class Name plates out Personal Jurisdiction: –International Shoe –General and Specific Jurisdiction –Challenging jurisdiction –McGee;
Thurs. Oct. 25. venue in federal court - statutory, not a constitutional issue - about federal districts, not states - applicable only in federal court.
Thurs. Sept. 27. PERSONAL JURISDICTION IN STATE COURT.
CIVIL PROCEDURE CLASS 39 Professor Fischer Columbus School of Law The Catholic University of America November 21, 2005.
1 Agenda for 23rd Class (FJ) Admin –Name plates –Handouts Slides Internet Jurisdiction 2011 Exam Exam info Personal Jurisdiction –Review of World-Wide.
1 Agenda for 31st Class Slides Exam –2 new arguments against take home Disadvantage to poorer students who don’t have quiet place to study Incentives to.
CIVIL PROCEDURE CLASS 26 Professor Fischer Columbus School of Law The Catholic University of America November 20, 2001.
1 Agenda for 25th Class Name plates out Venue Mock mediation. Friday Nov 2, 11-12:30 Court visit either Monday October 29 or Nov 5. 9:30-12:30 –LLV conflict.
The Judicial System The Courts and Jurisdiction. Courts Trial Courts: Decides controversies by determining facts and applying appropriate rules Appellate.
Fri., Oct D Corp (Ore) manufactures thimbles - engaged in a national search to locate a suitable engineer to work at its only manufacturing plant,
CIVIL PROCEDURE CLASS 28 Professor Fischer Columbus School of Law The Catholic University of America November 29, 2001.
Oracle Fusion Applications 11gR1 ( ) Functional Overview (L2) Manage Inbound Logistics (L3) Manage Supplier Returns.
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Oracle Fusion Applications 11gR1 ( ) Functional Overview (L2) Manage Inbound Logistics (L3) Manage and Disposition Inventory Returns.
1 Agenda for 30 th Class Slides Exam –What would you prefer: 3 hour in-class exam OR1 hour in-class exam + 8 hour take-home –Notes on take home Exam questions.
Mullane v. Central Hanover Bank & Trust. Mullane Deals with Which of the Four Requirements? Proper Notice Constitutional Basis Statutory Basis Proper.
CIVIL PROCEDURE CLASS 34`````````````````````` `````` Professor Fischer Columbus School of Law The Catholic University of America November 13, 2002.
1 Agenda for 34th Class Slide handout Next week –Monday. No class –Wednesday. Regular class 10-11:15, Rm. 103 –Friday. Rescheduled class. 1:20-2:35, Rm.
-1- For Oracle employees and authorized partners only. Do not distribute to third parties. © 2009 Oracle Corporation – Proprietary and Confidential Oracle.
1 Agenda for 29th Class Admin –Handouts – slides –Friday April 18 class rescheduled to 1:15-2:30 in Rm.101 (still April 18) Review of Choice of Law Personal.
Copyright © 2012, Oracle and/or its affiliates. All rights reserved. Oracle Proprietary and Confidential. 1.
Consent Jurisdiction 5 Keys to Courthouse Door Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction.
INTRODUCTION TO THE COURT SYSTEM
1. A defendant’s consent allows a court not otherwise having personal jurisdictional a defendant to exercise in personam jurisdiction because.
Burger King.
Thurs., Sep. 7.
Wed., Sep. 20.
Thurs., Oct. 6.
Chapter 3 The American Judicial System, Jurisdiction, and Venue
Jurisdiction Class 3.
Wed., Sept. 21.
Fri., Sept. 26.
Wed., Oct. 17.
Thurs., Oct. 13.
Mon. Oct. 8.
Wed., Sep. 26.
Requirements for Where to File Suit
Chapter 1: Jurisdiction and Venue in Cyberspace.
Jurisdiction Original vs. Appellate jurisdiction
Thurs., Sept. 26.
Presentation transcript:

Summary Outline [Do Not Rely On This Outline As Anything But a Very Rough Summary]

4 Requirements for Forcing D to Defend in the Forum Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum Non-Conveniens)

5 Keys to Courthouse Door Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction

Transient Jurisdiction Basic Concept: If D can be served in the forum, D can be sued in the forum Exceptions: –Fraudulent Inducement –Presence for Litigation (Limited) Note: This is the only type of PJ that requires that D be served in the forum state

Domicile Jurisdiction Basic Concept: If D is domiciled in the forum state, D can be sued in the forum state. What is D’s “domicile”? –Corporations: State of Incorporation –Natural Persons: We’ll discuss later.

Consent Jurisdiction Basic Concept: If you agree to be sued in the forum state, you can be sued in the forum state Types of Consent Jurisdiction –Consent in the litigation –Advance Contractual Consent –Advance “Coerced Consent” –“Implied Consent”

Long Arm (Contact Based Specific) PJ Basic Concept: –If D has sufficiently significant contacts with forum state, & Forum is reasonable –Then D can be sued in the forum state –But only for causes of action that arise out of those contacts

General (Contact Based General) PJ Basic Concept: –If D’s contacts with the state are Systematic & Continuous –Then D can be sued in the forum state For any c/a Even ones that do not arise out of those contacts