Understanding Pleading and Personal Jurisdiction in US Law, Slides of Civil procedure

An overview of pleading and personal jurisdiction in us law. Topics include the difference between personal and subject matter jurisdiction, constitutional basis for personal jurisdiction, historical shift in personal jurisdiction, long-arm statutes, application of personal jurisdiction doctrine in federal court, drafting a complaint, and the function and requirements of pleadings. The document also includes case studies and examples.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

radhakanta
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Difference between personal jurisdiction and
subject matter jurisdiction.
Constitutional basis for personal jurisdiction (can
be narrowed by statute)
Historical shift in assertions personal jurisdiction
allowed under law: from (a) jurisdiction based on
the presence of a person or thing involved in
litigation within the territorial boundaries of the
forum or the consent of a party to (b) the basis of
the minimum contacts with the state where suit is
brought
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WRAP-UP

  • Difference between personal jurisdiction and subject matter jurisdiction.
  • Constitutional basis for personal jurisdiction (can be narrowed by statute)
  • Historical shift in assertions personal jurisdiction allowed under law: from (a) jurisdiction based on the presence of a person or thing involved in litigation within the territorial boundaries of the forum or the consent of a party to (b) the basis of the minimum contacts with the state where suit is brought

Long-Arm Statutes

  • What are these?

CARPENTER V. DEE

  • Choosing a cause of action
  • Parties?
  • Causes of Action?
  • Possible Remedies?
  • Additional Information Needed?
  • Should we take this case?

PLEADING

  • Function of pleading
  • Kinds of pleadings
  • Requirements for complaint

DRAFTING A COMPLAINT

  • Compare Eastman’s Kendrick Complaint with

Complaint in in Carpenter v. Dee

  • How passionate or dramatic should a

complaint be?

  • Is Professor Eastman correct when he states “it

sure beats notice pleading”? Why or why not?

  • Who is the audience for a complaint?

SUMMARY

  • You should understand the purposes of

pleading

  • You should understand the concept of

notice pleading and be familiar with the

requirements of FRCP 8(a). You should

also be familiar with FRCP Rule 3 and

7(a)