SERVICE OF PROCESS starts pg. 40 of notes Due process clause requires notice – opportunity to be heard has 2 tests – 1 constitutional, and 2 statutory Constitutional Test Mullane.

 

Table of Rules US Constitution Article IV, § 1 – Giving Full Faith and Credit to judicial proceedings of other states US Constitution Amendment XIV, § 1 – Due Process.

 

Issue Statute Judicial Gloss Legal issue Practical issue Policy reasons Facts i, ii, iii Conclusion PERSONAL JURISDICTION The first potential.

 

Last Updated December 6, 2005 PLEADINGS RULES Issue: whether the parties properly followed the procedural rules of communicating between each.

 

History of Pleading Rules Historic functions of pleading rules providing notice of the nature of claim/defense now addressed by initial pleading as specified in Rule.

 

Removal if applicable : 4. Pleading: Next, you must examine whether the pleadings are proper. 5. Multi-party and multi-claim litigation: If there is more than one claim.

 

Prof. Peterson CIVIL PROCEDURE AMENDMENTS, RULES, CODE RULES Scope of Rules One Form of Action Commencement of Action Summons / Service.

 

Removal if applicable : 4. Pleading: Next, you must examine whether the pleadings are proper. 5. Multi-party and multi-claim litigation: If there is more than one claim.

 

Prof. Peterson CIVIL PROCEDURE AMENDMENTS, RULES, CODE RULES Scope of Rules One Form of Action Commencement of Action Summons / Service.

 

Fall 2008 Professor Todd Peterson Book used: Freer/Purdue, Civil Procedure, LexisNexis, 5th edition 2008 Pleadings Introduction to Pleadings.

 

Issue Statute Judicial Gloss Legal issue Practical issue Policy reasons Facts i, ii, iii Conclusion PERSONAL JURISDICTION The first potential.

 

Professor Peterson DISCOVERY Discovery Purposes Ascertain / narrow / define the issues in the case Preserve information for trial Find information that.

 

Discovery Discovery Overview Discovery factual investigation 3 main purposes of discovery Permit the preservation of evidence that might otherwise be lost.

 

Systems of pleading Common Law Pleading Code Pleading Required pleading of “ultimate facts” that were neither too detailed evidentiary nor conclusory.

 

Systems of pleading Common Law Pleading Old system which differentiated between courts of law and courts of equity Court of law – court for seeking relief against.

 

1. Discovery: Scope and Mechanics, Qualified and Absolute Privileges, Experts, Managing a District Court Caseload, Sanctions 2. Adjudication: Trial by Jury / Judge,.

 

Peterson DISCOVERY Introduction Basic way in which facts are exchanged Two goals Find out info you can use to make your case Find out about the other.

 

Systems of pleading Common Law Pleading Old system which differentiated between courts of law and courts of equity Court of law – court for seeking relief against.

 

Discovery Three Purposes of discovery: Permit the preservation of evidence that might be lost before trial Provide mechanisms for narrowing the issues.

 

SIMPLE JOINDER OF CLAIMS STEPS: GENERAL – Definition of Same Transaction or Occurrence: Are the issues of fact and law raised in the claim and the counterclaim largely the same.

 

Fall 2001 Civil Procedure Outline Professor Jack Friedenthal 1. PERSONAL JURISDICTION Three types of Personal Jurisdiction In Personam: forum.

 

Fall 2002 Jack Friedenthal STEPS OF A CIVIL ACTION 1. Selecting the proper court a. Subject matter jurisdiction – choosing state court.

 

State Courts: State courts can take almost every type of case, with the exception of those that are granted exclusively to the federal.

 

Pleading Pleading rules serve to: 1 provide notice 2 identify baseless claims 3 set each party’s version of the facts and narrow the issues. Generally.

 

Fall 2002 Jack Friedenthal STEPS OF A CIVIL ACTION 1. Selecting the proper court a. Subject matter jurisdiction – choosing state court.

 

Focus on how courts can get it right to the best of their abilities and w/regard to efficiency. Decide directly, accurately on their merits. Discovery equalize access.

 

I. Introduction A. The Value of Procedure This is introductory stuff, but the bottom line is that civil procedure exists to make sure that everyone.

 

Anna Thea Conrad Autum n 2001 ProfessorMolot Civil Procedure I Outline CLUSTER ONE: JURIS D ICTION AND RELATE D MATTERS… There.

 

SERVICE OF PROCESS starts pg. 40 of notes Due process clause requires notice – opportunity to be heard has 2 tests – 1 constitutional, and 2 statutory Constitutional Test Mullane.

 

Specific General Fair. 3-4 Jurisdiction based on Jurisdiction based on Federal Personal. 5-6 Challenging Personal Jurisdiction Waiver………………………. 6 II. Notice. 6-7 Types of Waiver.

 

Principle Issues Subject Matter Jurisdiction Personal Jurisdiction Notice – Opportunity to be heard Service of Process Venue Removal Waiver Personal.

 

Swierkiewicz v. Sorema. P/Petitioner, was a 53 year-old native of Hungary worked for Sorema, a French company. P was demoted and his job transferred to Papadopoulo, a 32-year old Frenchman. P claims.

 

PLEADINGS – RULES GENERALLY Federal Rule 1 The federal rules of civil procedure govern procedure in the USA district courts for civil matters. Administered.

 

I. Introduction A. The Value of Procedure This is introductory stuff, but the bottom line is that civil procedure exists to make sure that everyone.

 

Focus on how courts can get it right to the best of their abilities and w/regard to efficiency. Decide directly, accurately on their merits. Discovery equalize access.

 

I. Introduction A. The Value of Procedure Civil procedure exists to make sure that everyone who participates in the judicial system is treated fairly, is granted.

 

Specific General Fair. 3-4 Jurisdiction based on Jurisdiction based on Federal Personal. 5-6 Challenging Personal Jurisdiction Waiver………………………. 6 II. Notice. 6-7 Types of Waiver.

 

Principle Issues Subject Matter Jurisdiction Personal Jurisdiction Notice – Opportunity to be heard Service of Process Venue Removal Waiver Personal.

 

Pleading Pleading rules serve to: 1 provide notice 2 identify baseless claims 3 set each party’s version of the facts and narrow the issues. Generally.

 

General Two prongs: Notice must comply with the Constitution and FRCP Rule 4. Constitutional Standard 14th Amendment due process clause governs.

 

PLEADINGS – RULES GENERALLY Federal Rule 1 The federal rules of civil procedure govern procedure in the USA district courts for civil matters. Administered.

 

Voluntary dismissal p. 4 Motion to strike p. 11 Motion for judgment on the pleadings p. 10 Anytime during the trial Joinder of parties p. 23 Jurisdiction General in personam p. 31 Subject.