1 / 1

Jurisdiction

Notice. Service of Process reasonably calculated to reach interested parties. JNOV (50b) and New Trial Motions (59). Opportunity to Be Heard. Individual Interest Govt/Attacher Interest Accuracy – risk of deprivation. Claim and Party Joinder. Jury Instructions. Claim Joinder (18)

Download Presentation

Jurisdiction

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Notice • Service of Process reasonably calculated to reach interested parties JNOV (50b) and New Trial Motions (59) Opportunity to Be Heard • Individual Interest • Govt/Attacher Interest • Accuracy – risk of deprivation Claim and Party Joinder Jury Instructions • Claim Joinder (18) • Any additional claim • “permissive” • Party Joinder (20) • Same transaction + q of law/fact • Really permissive • Counter/Cross-Claims (13) • Same transaction – compulsory + cross-claim • Different – permissive • Impleader (14) • Indemnification • Necessary Parties (19) • Intervenors (24) • As of right v. Permissive • Class-Actions (23) • 23(b) – Incompatible adjudication, limited funds, injunctive relief, $ damages (small claims / mass tort) • Predominance and Superiority • 23(a) – Numerosity, Commonality, Typicality, Adequacy Verdict Pleading/ Complaint • Short and plain statement (8) Answer Final Judgment Exceptions Jurisdiction Judgment • Affirmative Defenses • Compulsory/Permissive counter-claims (13) • Multiple Claims(54) • Injunctions (1292) • Exceptions/Certifying a Question (1292) • Writs (1651) Discovery Trial Laws: • Erie – State Ethical Lawyering – Rule 11 • Res • Judicata • Initial Disclosure (26) • Witnesses, documents, damages, insurance • Attorney work product • Relevant v. Privilege • Depositions (30) • Interrogatories (33) • Document Requests (34/45) • Physical Exams (35) • Admissions (36) • Subpoena (45) • Protective Order (26) / Compel (37) • Signing (26) / Sanctions (37) Motion for Judgment as a Matter of Law (50a) Appeal  Removal (1441) • Could have been brought in fed court • Not in-state defendant in diversity • Directed verdict Judge v. Jury Trial Personal Jurisdiction • Right to jury is preserved • Juror selection • Consent, Domicile, Presence, Property + Contacts • Minimum Contacts (LAS – 4K1A) • General v. Specific • Fair Play and Substantial Justice Summary Judgment (56) (Pre-Trial) Trial Calendar Claim Preclusion • Both sides agree no issue of fact • Party with burden of proof moves (likely P) • Say they have 100% of evidence • Party without burden moves (likely D) • To negate essential element of P claim, must show evidence • To show P lacks evidence to prove essential claim, don’t need to show anything • Final Judgment “on merits” • Same Parties • Same transaction or occurrence Subject Matter Jurisdiction • Diversity (plus a-i-c) (1332) • Establish citizenship • Federal Question (1331) • Supplemental (1367) • Valid Claim • Common Nucleus • Diversity Motions to Dismiss (12) (Pre-Discovery and often Pre-Answer) Issue Preclusion • Lack of subject-matter jurisdiction (12b1) • Lack of personal jurisdiction (12b2) • Improper venue (12b3) • Process (12b4/5) • Failure to state a claim upon which relief can be granted (12b6) • Same issue • Issue was litigated , given final judgment and necessary to judgment • Non-mutual defensive (run by D against repeat P) • Non-mutual offensive (run by P against repeat D) Venue • Original (1391) • Change/Transfer (1404/6) • Forum non Conveniens

More Related