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

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

3. 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

4. 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

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

6. 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

7. 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

8. 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”).

9. 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?

10. 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

11. 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

12. 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

13. 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)

14. 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

15. 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

16. 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)

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

18. 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

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

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

21. 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

22. 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

23. 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