Jurisdiction: Where lawsuits can be filed

Personal Jurisdiction: Where geographically based on the person you

are suing can the suit be filed. Court cant exercise power over
defendant unless it has some connection with the defendant or the
issue in question. Focuses on jurisdiction b/c they are being sued
against their will.
o Sources of law that establish rules of personal jurisdiction:
Due process of the 5th and 14th Amendments of the
Constitution.
Precedent by Court
Jurisdiction matters for reasons such as trial speed, particular judges,
jury pooling, and accessibility.
Subject matter Jurisdiction: Whether Court has ability to hear type of
case based on the case and not the people involved. Courts authority
to exercise power over case rather than the parties.
State Level goes from Circuit/County Courts (15k or more is circuit)
then DCA then Supreme Court. Federal Court are district courts to
Courts of Appel to U.S. Supreme Court.

Motion of Removal: Procedure where defendant can move to have case moved from
state court to federal court.

Rule 8- General Rules of Pleading (A)(2)-A short and plain statement off the claim
showing that the plaintiff is entitled to relief.
Rule 11 puts burden on attorney when filing claims to have done reasonable factual
investigation but rule 8 allows them not to have to put all research in complaint.
Pre-Answer Motions: Request for court to do something. 3 categories: Motions
regarding jurisdiction (not here), motions regarding failing to state claim (so what),
(12b6) motion for a more definite statement (12e)(what are you saying?).

Answer Options
1.) Denial:
Of truth of allegation
If after reasonable investigation the defendant still does not know
whether allegation is true.
o Types: Not true

o Dont have enough info to believe its true

2.) Affirmative Defense- Yes but.
Based on law in question
Claims that would defeat Plaintiffs claims via Rule 12
3.) Own Claims
Counter Claims- Against defendant- I have a gripe of my own
Cross Claims- Alleges another defendant is liable it was X
Third Party Claims- If anyone did something wrong

If you file a pre-answer motion showing weaknesses of opponents case they can
amend their complaint and come back stronger.
Joinder- Think about if anyone else should be included in lawsuit as either plaintiff or
defendant.
Discovery: Process after answer where parties exchange info on the case. Compel
parties to cooperate to get out basic facts of the case. Discovery rules are broad
because rule 8 is broad. Discovery rules dont trump state laws on privilege, like
doctor-client, etc.
Magistrate judge: Delegated duties from federal district court judges.
Interrogatories: Sending written questions
Pre-trial disposition/ Summary Judgment: Attempting to get the judge to resolve the
case without going to trial. Summary judgment requires that there be no genuine
dispute as to any material fact.

Motion as a matter of law or motion for a directed verdict/ Judgment Not

withstanding the Verdict (Rule 50) No reasonable jury could have found for the
nonmoving party.
Former Adjudication (Res judicata) or Claim Preclusion: When does a decision that a
judge has already made stop a new claim because a similar claim or issue has
already been decided?
Issue preclusion: Precluding issues addressed in former case from being applied to
another case.
Appeals
When party can Appeal:

Final Judgment Rule: Cases can only be appealed regarding final judgments28 USC 1291. Rationale is judicial efficiency so courts dont waste their time
trying appeals for every little issue. In deciding whether its interlocutory see
if theres anything left for the judge to decide after decision is made.

Procedural system divides power through judicial system.

The constitutional framework of civil procedure

Personal jurisdiction- 14th Amendments due process clause- No state shall
deprive a persons life, property, etc., without due process of law, Article 4
sec. 1(full faith and credit) Full faith and credit will be given to the judicial
proceedings.
o Can any court in a given state here a case against this defendant?
Subject matter jurisdiction- Article 3- Jud. Power shall extend to all cases
extending.
o If yes, then within that state must that court be a state court a federal
court, or can both hear the case.
Choice of Law-Article 6- Supremacy Clause- Federal laws are Supreme law of
the land, and judges of every state shall be bound thereby.

Reversion: Any future interest kept by a person who transfers property to another.

A reversion occurs when a property owner makes an effective transfer of

property to another but retains some future right to the property.
For example, if Sara transfers a piece of property to Shane for life, Shane has
the use of the property for the rest of his life. Upon his death, the property
reverts, or goes back, to Sara, or if Sara has died, it goes to her heirs. Shane's
interest in the property, in this example, is a life estate. Sara's ownership
interest during Shane's life, and her right or the right of her heirs to take back
the property upon Shane's death, are called reversionary interests.

Personal jurisdiction under International Shoe

A state has personal jurisdiction over an out-of-state corporation:

o

If Defendant has minimum contacts with the state such that the
personal jurisdiction over defendant/corporation does not offend
traditional notions of fair play and substantial justice.

Sliding Scale of amount of activities (Contacts) in state and

how closely claims must relate to those contacts or property.

Specific jurisdiction: Based on specific contact or activity

General jurisdiction: Based on domicile and can be liable for any

suit.

Long Arm Statue:

Is there personal jurisdiction over this defendant?

Has the forum state authorized its courts to hear the case?
o Does the states long arm statute confer jurisdiction?
o Is it a broad statute meaning no constraint? skip ahead to #2
o Is it a specific list statute
Is the courts exercise over the defendant consistent with due process?
o Apply Pennoyer and International Shoe

Is there personal Jurisdiction over this Defendant?

1.) Has the forum state authorized its court to hear the case?
Does the states long arm statute confer jurisdiction?
a. Is it broad, no constraint? Yes, go on to question 2
b. Is it a specific list statute? If yes, proceed to step 2, if no, cased is
dismissed for lack of personal jurisdiction.
2.) If so, the courts exercise of that power consistent with due process
Apply Pennoyer and International Shoe

General Jurisdiction Cases

Daimler v. Baumen
Burnham Case
Consent in Jurisdiction
Carnival v. Shute
Consent by Contract
Choice of Law- Burger King
Consent to Jurisdiction Clause (Waived right to challenge jurisdiction) National
Equip Rental v. Szukent
Forum Selection Clause (Exclusive Jurisdiction)- Carnival Cruise Lines
Rule 4 D- Waiving Service- to get out of issuing notice. If defendant does waive they
got a longer extension time for their answer. Waiver doesnt waive 12 b motions of
personal jurisdiction or venue, just the ones in regards to service.

Forum non conveniens only applies when one of the parties is foregin.

Venue is a matter of statutory law, not a matter of due process.

Motion to dismiss or transfer for improper venue

Motion to dismiss or transfer or waived (Rule 12 h)

Based on Rule 12 (b) (3) and 28 USC Sec. 1406
Text of 28 USC Sec 1391 & 1406 to dismiss or transfer in the interests of
justice
Could result in dismissal or transfer

Motion to dismiss for FNC

No time limit, but sooner raised the better

Based on common law

Gilbert balancing test of Pl choice vs. public and private factors
Court applies Piper worse substantive law in alternate forum does not defeat
Results in dismissal or not

Motion for Change in Venue

Result is transfer or not.

Based on 28 USC Sec 1404
Court applies Sec 1404 transfer for conveince of parties, witnesses, and in
the intrests of justice. Similar Gilbert Balancing test
Atl. Marine- When theres a forum selection clause no other private factors to
balance and plaintiffs choice is irrelevant. Forum Selection Clause prevails

Subject Matter Jurisdiction

I.)

Constitutional Framework
a. Personal Jurisdiction
b. Subject Matter Jurisdiction- Within the state must the type of case be
heard in state or federal court, or both. Article III. Federal Courts can
hear only certain type of cases.
c. Choice of Law

Diversity Jurisdiction

Diversity in partnerships- If one partner is from the same state as the other
party is from, then there is no diversity jurisdiction.
Unless it appears to a legal certainty that plaintiff cant recover 75k then
there is no diversity jurisdiction.

Supplemental Jurisdiction (28 USC Sec. 1367): IF federal claim converge into state
claims court can hear the case based on the federal issue raised.

Erie Doctrine
Erie +Rules od Decision Act: As a matter of Constitutional principles we apply state
substantive law including case law, and federal procedural law.
Post Erie

Guaranty Trust (1945) Byrd- (1958)Hannao If the federal rule or practice that differs from the state rule or practice
a federal rule or practice gets default? Valid if the FRCP meets term of
the Rules Enabling act. If its a statute is it Constitutional? Does the
federal rule/practice occupy the field to conflict with state rule
o If yes, is it valid? Is the statute arguably procedural?

If not in a FRCP or statute do a full Erie analysis considering the aims of

Erie and avoid 1.) Forum shopping and 2.) Inequitable application of
the law. Also Byrd factors for consideration

Litigation Process
2 types of Remedies

Substitutionary: Damages to replace losses to make the party whole.

o Economic: Lost wage, costs, replacement
o Compensatory-noneconomic-: Pain and suffering, emotional distress,
harm to reputation.
o Punitive damages- To deter and punish for wrongdoings.

Gore Test and State Farm

1.) Degree of Reprehensibility and tied to these plaintiffs.
2.) Disparity between actual harm suffered and punitive damages above. Needs
to be more proportional. Should not be more than a single digit multiplier.
3.) Looks to comparable cases.
Rule 12 b (1) and 12 (h)- where in when you can raise subject matter jurisiction
Role of Complaints
1.) To tell your story
2.) To show you have a cause of action
3.) To sort strong from weak cases
3 types of Pleadings
1.) Common law example of writs
2.) Code Pleading 150-1938. Based on Fields code. Had to plead a lot of factual
facts. Goal was to sort out weak cases.
3.) Modern pleading is Notice Pleading. Rule 8 (a) 2.
Pleadings under 8 (a)
-Short and plain statements means weak cases are sorted during discovery phase.
Conley vs Gibson 1957- Notice Pleading, dismissal only when there are no set of
facts that would support plaintiffs claim
-Benefits are that it makes claim process a little simpler
-Important cases arent knocked out initially
-Potential however for more frivolous claims.
Twombly in 2007 created standard of plausible pleading, not just conceivable.
Ashcroft v. Iqbal:

Claimed that federal government officials violated the constitution by

detaining him for his race, religion, absent probable cause.
Disregard conclusory allegations as true, then ask whether not just
conceivable in light of judicial conceivable in light of judicial experience and
common sense. Facts must support allegations not just conclusions absent
facts.

Rule 9b- Heightened standard for pleading dealing with fraud or mistake because of
the implications of such a complaint.
Rule 11 encourages civility in trial to the court and to other attorneys because it
allows for sanctions during trial.
Rule 8 d allows plaintiffs to plead in the alternative. This is what you do7 if there is
equal chance that the facts could indicate the opposite of what youre advocating.
Plaintiff Files Complaint- Defendants options
1.) Do Nothing- Default Judgement
2.) File a pre-answer motion
3.) File an answer
Rule 12- If you get a complaint and dont respond within 21 days then default
judgement occurs.
All 12 b motions must be raised at the same time. If not you waive your ability to
do so. But you can raise the issue in your answer.
12 e motions for a more definite statement are rarely used after the Twombly and
Iqbal which require plausible factual pleadings.
12 f motion to strike only strike a certain component of the claim.
12 c motions are after answer before discovery.
Discovery

Pretrial procedure making info available to each party.

Discovery is limited to the claims or defenses in pleadings
Rule 26 B1 permits discovery on issues relevant to the claim or defense. 26 B
C limit discovery of quantity of things allowed.
Discovery is allowed on issues that are admissible or will lead to discovery

Methods of Discovery

Motion Summary Judgment 56a no genuine dispute of material fact - can be filed
at any point after complaint, but usually it is waited until an answer is given
Similar to 12B6/ different because 12b6 is when no evidence is presented to meet
the requirements of the case. MSJ considers evidence as well.

Judgment as Matter of Law 50(a),(b) Pis case Must wait until end of trial before a motion can be made
Defs case can be raised after plaintiffs case, or end of trial
Verdict within 28 days of verdict a Renewed Judgment matter of law.

Rule 50(a), (b) Motion for judgment as a matter of law (a) a trial after party fully
heard, before case to just No reasonable jury would have found legally sufficient
evidentiary basis to find for nonmovent on issue/claim/defense

PI Negligence, Evidence - 1 eye witness Bainbridge

Def Evidence 3 eye witness No CAUSATION PI has not met burden of proof.

Rule 59 Motion for new trial with/in alter to RJMOL, within 28 days of verdict
59(a)(1): ct may grant for any reason for which new trial granted in action at law (if
jury trial) or in equity (non jury trial) ; (1) procedural: nonharmless/ prejudicial
mistake or misconduct by judge, jury, or lawyer. (2) Substantive: verdict goes
against the great weight of the evidence
Preclusion: cant bring argument to trial
Precedent: allows you to bring a case to trial
Claim preclusion
(1) Frier/ restatement 2d Same claim = Transactional test Claims arose from
some transaction or occurrence
+ County of sac / FRCP 13 defenses and counter claims available in case 1 are
precluded in case 2
(2) Searle: same parties = includes those in privity in case 1
+ Taylor: DP limits on the types of virtual or procedural representation courts can
recognize (3 min reqs.
6 recognized exceptions)
(3) Final judgment on merits Case 1: Fed. Dist. Court
Herrick v FAA for FOIA request
Judgment for FAA
Case 2: Fed. Dist. Court

Taylor v FAA (+ Fairfchild) for FOIA request + 2 arguments

(Same Lawyer)

Claim Preclusion
1) Same claim in case 2 as case 1
2) Same parties in case 2 as case 1
3) Final judgment on the merits in case 1
Issue Preclusion
1) final judgment on the merits in case 1
2) an issue in case 2 actually litigated and determined in case 1
a. Same issue raised similarly in both cases substance and procedural
3) Essential to judgment in case 1
a. Complicated where there are alternative grounds that support case 1
4) Party being precluded was a party or in privity w/ a party and had an
adequate opportunity or incentive to litigate the issue in case 1.
a. Court discretion, consider Parklane factors (p. 761-763)
Joinder of claims by PL
Rule 18 any party asserting a claim may join as many claims as it has against an
opposing party- ind. Indep., alt., or contingent claim
Rule 42(b) But ct. may separate claims for convenience, efficiency, and avoid
prejudice.
Consider
Strategy/costs, preclusion doctrine, jurisdiction (28USC SS 1367)
Joinder of Claims by DEF Counterclaims
Rule 13(a) compulsory Def must raise counterclaim out of same transaction or
occurrence as PLs claim.
(b) permissive def. may raise counterclaim - not required.
+ Preclusion doctrine, jurisdiction
+ Plant v. Blazer: compulsory counterclaims are subject to supplementary
jurisdiction.