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Legal Agenda: Jurisdiction, Venue, Choice of Law, and Personal Jurisdiction, Slides of Civil procedure

Alliance UniversityCivil procedure

An agenda for a law class covering various topics related to jurisdiction, venue, choice of law, and personal jurisdiction in civil procedure. The topics include appeals, german procedure, writing assignments, appeals questions, pre-trial conference, and a discussion on the advantages and disadvantages of german civil procedure compared to american civil procedure. The document also includes various questions and assignments for students.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

radhatanaya
radhatanaya 🇮🇳

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Agenda for 16th Class
•Name plates out
•Appeals (continued)
•German procedure
•Introduction to Jurisdiction, Venue & Choice of
Law
•Writing assignments
–Must complete all questions, otherwise
•1 for mandatory assignment
• No credit for optional assignment
–Must check email for updates/corrections
Docsity.com
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Download Legal Agenda: Jurisdiction, Venue, Choice of Law, and Personal Jurisdiction and more Slides Civil procedure in PDF only on Docsity!

Agenda for 16th Class

• Name plates out

• Appeals (continued)

• German procedure

• Introduction to Jurisdiction, Venue & Choice of

Law

• Writing assignments

– Must complete all questions, otherwise

  • 1 for mandatory assignment
  • No credit for optional assignment

– Must check email for updates/corrections Docsity.com

2

Next Class

  • FRCP 4(k), especially 4(k)(1)(A)
  • Yeazell, 79-
  • Questions to think about / Writing assignment
    • If the Supreme Court had not decided to change the rules in International Shoe , would jurisdiction have been proper under the prior rules? If your answer is “yes,” why do you think the Supreme Court changed the rules? If you answer is “no,” why was the outcome under the new rules better?
    • Yeazell pp. 86ff. Qs 1b, 3
  • Optional:
    • Glannon pp. 3-8. Wait to do problems until have covered more cases
    • Glannon pp. 25-32. Wait to do problems until have covered more cases

4

Pre-Trial Conference

• FRCP 16

  • Many issues resolved by conference between judge and lawyers
    • Timing
    • Discovery limits
    • Parameters of trial
      • Non-disputed issues to be admitted
      • Disputed issues to be focus of trial
      • Jury instructions
      • Admissibility of documents
      • Goal is to streamline trial, avoid unnecessary objections & disputes at trial

Langbein, “German Advantage…”

    1. Are you convinced that German civil procedure is better than American civil procedure? Why or why not?
    1. What aspects, if any, of German civil procedure do you think are superior to American civil procedure? Could we adopt them without changing other aspects of our procedure?
    1. What aspects of American procedure do you think are superior to German civil procedure? Could they adopt them without changing other aspects of their procedure?
    1. Do you think that US courts would need a larger or smaller number of judges if we were to adopt German civil procedure?
    1. Do you think a bad judge has a bigger negative effect in Germany or the U.S.?
    1. Europeans are generally willing to pay higher taxes to fund higher quality public services. Can that help explain why Germany and the U.S. have different systems of civil procedure?

Jurisdiction & Venue

  • Jurisdiction. What court can hear the case?
    • Subject matter jurisdiction: Federal or state court?
    • Personal jurisdiction. Court in what state?
      • Primarily issue if case in state court
      • But FRCP 4(k)(1)(A) says that federal courts will generally apply state law rules
    • If more than one court can hear the case, plaintiff can generally choose among permissible choices - But sometimes cases can be moved from one court to another - Removal, Forum non conveniens , change of venue
  • Venue. Which court within a state?
    • LA Superior Court or SF superior court (State)
    • CD of California or SD of California (federal)

Choice of Law

  • Courts don’t always apply their own law
    • Sometimes federal court applies state law
      • E.g. in diversity cases. Erie doctrine
    • Sometimes state court applies federal law
      • E.g. when defendant raises a defense based on U.S. constitution
    • Sometimes one state applies law of another state
      • California court would apply Massachusetts law if adjudicating dispute arising out of car accident which took place in Massachusetts
      • Similarly, Federal court in California might apply Massachusetts state law
  • In general, each court applies its own procedures
    • Federal courts always use FRCP, even in diversity cases
    • State courts use own procedural rules, even if substantive law is from another state
    • But what is procedure and what is substance?
      • Statutes of limitations? Limitations on damages? Docsity.com

Rules before International Shoe (1945)

  • Pennoyer v Neff (1877)
  • 3 bases for personal jurisdiction
    • In personam. If defendant is citizen or resident of state, or present in state - For individuals, limit was service of process in airplane over Arkansas. Grace v. MacArthur (1959) - Corporations are citizens in state where incorporated (e.g. Delaware) - Difficult to determine where corporation is “present” - Where headquartered. Clearly yes - Where has plant or office and lots of employees. Clearly yes - What if only has a few employees? Not clear - Where does business? Unclear what means to “do business”
    • In rem. In dispute about property, personal jurisdiction is proper where property is located
    • Quasi in rem. If suit is NOT about property, but defendant has property in state, plaintiff can sue in that state for whatever cause of action, but recovery is limited to value of property in state Docsity.com