CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction.

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Presentation transcript:

CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction Venue Venue Transfer Forum non conveniens + +

SPECIFIC JURISDICTION Organization of casebook Chronological Historical tour Categorical In personam v. in rem Contract v. tort

SPECIFIC JURISDICTION Application of “minimum contacts” Specific v. general jurisdiction Contract v. tort International Elaboration of “sub-tests”

SPECIFIC JURISDICTION Black Letter Law McGee State interest Hanson “purposeful availment”

SKILLS: STRATEGIC THINKING Why did defendants take WWVW to S.Ct.? As pl’s initially configured the lawsuit, could defendants remove to federal court? Why not? How does dropping Seaway & WWVW affect removal? What action will remaining defendants take on remand from Supreme Court? What about the 1 year time limit in §1441(b)

SKILLS: READING CASES The Caption Mystery What’s with the caption in WWVW? Who is Woodson? What’s with the caption in Asahi? Superior Court as the defendant???

SKILLS: READING CASES The Caption Mystery Extraordinary writs & interlocutory appeals Prohibition, mandamus Cf. certiorari

SKILLS: READING CASES Votes & Holdings Justice O’Connor Part II-A Rule Choice Factual Problem Addressing? Rule Choice Options? O’Connor’s Rule Choice? Reasons? Who joined?

SKILLS: READING CASES Votes & Holdings Justice Brennan Part II-A Rule Choice Rule Choice? Reasons? Who joined?

SKILLS: READING CASES Votes & Holdings Justice Stevens Part II-A Rule Choice Rule Choice? Reasons? Who joined?

SKILLS: READING CASES Holding v. Dictum Part IIA: Stream of Commerce Analysis Has the court (dis)approved? O’Connor: Holding or dictum?

SKILLS: READING CASES Votes & Holdings Justice O’Connor Part II-B Rule Choice What part of Shoe test addressing? What factors consider? How apply to Asahi? Why? Who joined? Holding or Dictum?

TAKEAWAY Skills: Strategic thinking “Thinking like a lawyer” Structuring lawsuit Procedural rules interact

TAKEAWAYS Skills: Reading Cases Understanding captions & methods of appellate review Holding v. Dictum Counting votes in split opinions need to do how to do

TAKEAWAYS Black Letter Law International Shoe “subtests” State interest (McGee) “Purposeful availment” (Hanson) Foreseeability (Hanson, WWVW) Fairness factors (WWVW, Asahi) Plaintiff’s interest Defendant’s interest Forum state’s interest Interstate judicial system’s interest