Unit 2 Seminar Slides Instructor: Brian Craig PA110 Civil Litigation I Unit 2 Seminar Slides Instructor: Brian Craig

Unit 1 Follow Up/Unit 2 Graded Items Seminar Discussion Unit 2 Assignment Unit 2 Quiz Deadline: 11:59 PM ET, Tuesday, Oct. 2

Unit 2 Discussion Board Assignments: Beer Truck Driver: first letter in your last name is A-M Police Officer: first letter in your last name is N-Z Minimum expectations: Post at three questions for initial response in assigned topic and then respond to at least two other students. Instructor will be team leader and compile questions for each group (in lieu of team leader). I will post responses to the list of final questions by Monday. You can then ask follow up questions. Use open ended questions (starting with who, what, where, why when, and how) and not close ended questions

Unit 2 Quiz Time limit: 45 minutes 10 questions – each question worth 2 points (total: 20 points) Based on content from Unit 2 Reading and Unit 2 Seminar

Unit 2 Assignment Draft a letter to Justin King for follow-up interview

Unit 2 Assignment Possible organization: Paragraph 1: Purpose of the correspondence Explain purpose of follow up interview and urgency Paragraph 2: Documents needed from Justin King Describe two or more specific documents needed from Justin King Paragraph 3: Specific follow up questions for Justin King Include two or more specific follow up questions Paragraph 4: Closing

Business Letters Include date at the top (date format: June 15, 2011) Use single spaced lines Use a colon in the introduction/salutation (e.g. “Dear Mr. King:” not “Dear Mr. King,”) Length: 1-2 pages is sufficient

Unit 2 Assignment Inside address: You can find Justin King’s address in Section A of the Initial Client Interview Form. You do not need to enter a zip code. Signature: You can use your name and the title “paralegal” in the signature line. In lieu of the signature you can type /s/ Firstname Lastname (e.g. “/s/ Jane Doe”).

Jurisdiction How does jurisdiction relate to the Justin King case? power of the court to decide a particular case (court’s authority) How does jurisdiction relate to the Justin King case?  Should the case be filed in state court in Missouri, or perhaps Illinois where the accident occurred?

Courts of General Jurisdiction Courts of general jurisdiction are often called district courts, superior courts, or circuit courts. Federal: U.S. District Court Illinois State: Circuit Court New York: Supreme Court California: Superior Court Minnesota: District Court

Courts of Specialized Jurisdiction Some courts of specialized jurisdiction exist. State Courts: probate, tax, traffic, juvenile, and, in some cities, drug courts Federal: bankruptcy court

Federal Court Jurisdiction Need both personal jurisdiction AND subject matter jurisdiction Personal Jurisdiction jurisdiction over the “person” minimum contacts test can waived either intentionally or inadvertently Subject Matter Jurisdiction

Personal Jurisdiction Ways to Challenge Personal Jurisdiction: 1. raise the issue in the answer; 2. raise the issue by motion; AND 3. personally appear in court to make the challenge (special appearance)

Subject Matter Jurisdiction in Federal Courts diversity of citizenship OR federal question jurisdiction Diversity of Citizenship Controversy between citizens of 2 of more different states AND amount above $75,000 Courts looks to the parties’ citizenship at the time of the occurrence that gave rise to the action Federal Question Jurisdiction Arising under a federal statute or constitutional provision

Federal Court Jurisdiction in King Case Federal Question Jurisdiction Arising under federal statute or U.S. Constitution Diversity of Citizenship Corporations: citizen of 1) state of incorporation; and 2) state of principal place of business King is a citizen of what state? Beer company, Anheuser-Busch, has its principal place of business in Missouri

State Court Jurisdiction Jurisdiction extends basically any type of case that does not fall within the exclusive jurisdiction of the federal courts Common law courts (authority to create law if it does not yet exist by statute)

State Court Jurisdiction: Examples Tort and personal injury (e.g. negligence) Contract law Probate Family Law Sale of Goods Real Property

Venue Physical location of the courthouse in which the case is tried. Proper geographic area to hear the case Physical location of the courthouse in which the case is tried. Example: particular county Different than jurisdiction Motion to transfer venue

Further Reading See link in webiography for Understanding Federal and State Court Jurisdiction (U.S. Courts website)

Unit 3 Assignment Assignment: Draft a complaint in the Justin King scenario See links in webliography for more sample complaints

Components in Complaint Case caption Title of the pleading Short introduction: "Comes Now…” Parties Jurisdiction and Venue Allegations or Statement of Facts Causes of Action Damages Jury Demand Prayer for Relief Date Attorney Information

Witnesses A witness may use his or her statement to refresh his or her own recollection when preparing for trial. A statement made under oath can be used to impeach the witness if the witness changes his or her version of the facts Impeachment: used during cross-examination

Demonstrative Evidence Evidence other than testimony that is presented during the trial Actual evidence: example: hammer in a civil battery case Illustrative evidence: example: even if the skid marks from automobile are gone, good photographs of the accident location may be used