Scribd
Upload
314 views2 pages

Flow Chart

The document discusses various aspects of jurisdiction, choice of law, and resolution of cases without trial in the US legal system. It addresses personal and subject matter jurisdiction under the Constitution and federal statutes. It also discusses the origins and modern formulation of personal jurisdiction, as well as choice of law considerations under the Rules Enabling Act and Erie Doctrine. The document then outlines various rules and cases related to summary judgment, the right to a jury trial, controlling juries, appeals, and the doctrines of res judicata and collateral estoppel.

Uploaded by

Kaitee Purdon
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
314 views2 pages

Flow Chart

The document discusses various aspects of jurisdiction, choice of law, and resolution of cases without trial in the US legal system. It addresses personal and subject matter jurisdiction under the Constitution and federal statutes. It also discusses the origins and modern formulation of personal jurisdiction, as well as choice of law considerations under the Rules Enabling Act and Erie Doctrine. The document then outlines various rules and cases related to summary judgment, the right to a jury trial, controlling juries, appeals, and the doctrines of res judicata and collateral estoppel.

Uploaded by

Kaitee Purdon
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 2

PERSONAL JURISDICTION

y Art. III, 1: Judicial Power: establishment of courts y Art. IV: Full Faith & Credit: states laws valid b/w all y 5th Am.: Due Process: no self-incrimination or deprivation of life/liberty/property w/o due process of law y 14th Am., 1: Due Process: citizenship of U.S/state of residence; no deprivation by state of due process; equal protection of laws to all w/i juris

SUBJECT-MATTER JURISDICTION
y Art. III, 2: Judicial Power: sup ct power extends to cases 1) arising under Constitution or fed laws, 2) w/ fed govt as party, 3) b/w indiv/govt of u2 states y 1331: Federal Question Jurisdiction: dist cts juris of actions arising under U.S. Const/laws o Mottley: well-pleaded complaint rule (fed ques in complaint) y 1332: Diversity Jurisdiction o (a) matter >$75K + complete diversity of citizenship (citizens of diff states and/or U.S. vs. foreign citizens, foreign stte vs. U.S. citizen); diversity of corporations o (b) P may be denied/reqd pay costs if final adjudication <$75K o (c) corporation citizenship: incorporated + principal place of business (nerve center) + (liability ins: & where insured citizen); citizenship of decedent/ infant/incompetent reigns o (d) class action definitions o Hawkins: domicile = phys presence in state + intent to remain indefinitely o Redner: expatriate American problem: domicile as of date complaint filed

CHOICE of LAW

Federal Question

Origins

y International Shoe: Minimum Contacts Test: relatedness of contacts/claim + volume/nature of contacts [+ fair play & substantial justice] general, specific, or no jurisdiction o [Hanson v. Denkla]: Ds purposeful availment vs. Ps unilateral conduct y WW Volkswagen: Specific Jurisdiction: Reasonableness Factors (#15) y Helicopteros: General Jurisdiction: continuous and systematic contacts y Burnham: transient/tag jurisdiction

y R4: Summons, Service o (a) Contents, Amendments: ct may allow amendment o (b) Issuance: on/after filing complaint, then serve o (c) Service: serve summons +complaint w/i 120 days o (d) Waiving Service: give D 30 days to return waiver; answer w/i 60/90 days after waiver sent o (e) Serving Indiv w/i U.S.: borrow state statute or use R4e2 o (f) Serving Indiv in Foreign Country o (g) Serving Minor or Incompetent Person o (h) Serving Corp/Partnership/Assoc o (i) Serving U.S./Agency/Corp/Officer/Employee o (j) Serving Foreign/State/Local Govt o (k) Territorial Limits of Effective Service: service estab juris w/ fed long-arm statute, bulge, or fed statute o Improper R4 R12(b)(4), (5) o Mullane: notice reasonable under Cx to apprise interested pties of actions pendency

y 1652: RDA: state laws decide civil actions unless Const/Congress otherwise requires or provides o Erie: in absence of controlling fed statute, fed cts reqd to apply state stat/CL rules o 1331 + 1367 y 2072: REA: sup ct Rx rules for dist/cir cts; not substantive rights but overrules conflicting rules; Rx FJR 1291 o Hanna: if applying fed law = forumshopping +discrimination apply REA test (constitutional/scop e? req'd encompassed?) then RDA tests (outcomedeterminiative? balancing) o 1652 + Erie

Modern Formulation

Notice

Diversity

Erie Doctrine

RESOLUTION without TRIAL


y R56: Summary Judgment o Celotex o Houchens o Bias o [Matsushita]

Summary Judgment

TRIER and TRIAL


y 7th Am.: Preserved Right to Jury y R38: Right to Jury Trial; Demand (cf. R5) o (a) o (b) o (c) o (d) o Amoco o [Beacon Theatres] y R39: Trial by Jury or by the Court o (a) o (b) y R50: JML; Related Motion for New Trial; RJML; Conditional Ruling o Reid o Chamberlain o Norton y R59: New Trial; Altering/Amending a Judgment o (a) o (b) o (d) o Lind

Controlling Juries

Judge or Jury

APPEALS
y 1291: Final Judgment Rule o Liberty Mutual y 1292: Interlocutory Appeal (exceptions to FJR) o (a) o (b) y R54: Judgment & Costs o (b)

RES JUDICATA Claim Issue


y Frier y Rush y Searle y Parks y Parklane

You might also like