Singing Pleading and Procedure: Civil Procedure I

February 19, 2020

First you need an injury that is of any type
of size, maybe a bounced check for $24 bucks, or a
$19 million dollar prize. Now you need to go find a court that has personal
jurisdiction, Article III gives them maximum power so understand
the restrictions. In Pennoyer in rem was not in personam so
no way to serve out of state. Shaffer and Heitner said it was dumb let International
Shoe dictate. Standard of fairness and substantial justice
are on what a court should now act And make sure that you don’t forget these
two words, remember minimum contacts Be careful if you’re the defendant since jurisdiction’s
a right that you can waive Carnival’s forum selection clause Ireland’s
37(b)(2)(a). A court with jurisdiction that’s general,
you can bring up a claim far and near Individuals must look at domicile, while corporations
must look to Goodyear. For here it’s the state of its incorporation
and also where headquarters lie. For unincorporated not Americold, domicile
of member’s apply. If none of these fit then it must be specific,
remember minimum contacts? There is also purposeful availment, that’s
not just paying your fair tax. Losing some fingers might cause you to sue
some international manufactures lest they advertise in your home state, you�ll
lose as McIntyre assures. In Bristol you need an affiliation, between
the claim and the forum state If you’re driving a bug to Oklahoma, then
reasonableness dominates. Even with minimum contacts, reasonableness
can always outweigh Burger King contracts or Asahi metal, the
court said to stick to fair play. Now you just found a court with jurisdiction
that only covers personal, State courts don’t care about subject matter,
but look closely when it’s federal. The US Constitution, it’s laws, and it’s treaties
are game under � 1331. If that’s the case it must appear on the face
of complaints the Mottley’s could have won. Aside from the federal question, there’s diversity
by � 1332(a) Where citizens of different states and countries
must go more than $75k. Citizenship is your domicile that is where
you intend to return Mississippi or France you should not take
the chance and newspaper your mirrors if concerned As long as one party’s met 75, Exxon shows
that the rest do not need to For � 1332(c) Hertz and their friends show
definitions Goodyear has agreed to. Once you think that you have just found a
good court, now go serve notice to the defendant, follow the statute or specific court rule,
and remember it’s due process dependent. Without territory due process proscribes that
you can never be served in a state Unless publication permits it as such, then
you hope that they respond too late. Buhrman is fine but Mullane assigns that there
shouldn’t be classifications Notice be adequate and not deprive, like Greene’s
posting outside the location. If you have any question just look at Rule
4, section e serves those in the US After Omni came 4(k) where international parties
can be served with redress. You’ve finally served with the right jurisdiction,
now get use to your new courtroom, But don’t get attached if removal’s dispatched
or transferred to a whole new venue. First off venue�s where your case could
be brought, governed by � 1391(b), defendant’s home state, the place of the claim,
else personal jurisdiction is key. Venue’s location that you can transfer but
you keep the law of the old court, Feren’s offensive but properly brought, � 1404
lends a hand for support. It’s about convenience and substantial justice,
and where a case could have been brought, � 1406 gives the courts discretion, to transfer
if mistakes are caught. If the forum’s super inconvenient forum – non
conveniens will now apply, A plane crash in Scotland and Reyno sues home,
dismiss else things will go awry. Defendants who don’t like the state they are
in can � 1441(a) their way out, The Caterpillar claim can’t create complaints,
lest federal issues they’re about. You can’t break diversity with section (b),
by removing to defendant’s state. Section (c) let’s you split claims � 1446
has a time frame and procedural traits. Congratulations on now finding a court where
you can finally bring forth your case, now brace yourself as we look at your claim
and what is on the pleading’s face. Code pleading, form pleading, and notice pleading
are all ways how you can bring suit, If in federal then stick to Rule 8, short
and plain for fair notice now moot. Back in Swierkiewicz, everything you don’t
pitch, since discovery can yield new facts, Since Twombly now Iqbal, it better be plausible,
based on how we think you should act. No need to plead good faith see Gomez and
Rule 8 since that’s affirmative defense, You can plead facts, contradictory acts, like
McCormick’s reasonable pretense. If your lawyer does Zuk then you’re out of
luck, there are sanctions under Rule 11 do your homework and make sure not to delay
or else you’ll face � 1927. If they don’t want to answer they’ll look
to Rule 12 where there’s plenty of motions to hate,
Section (e) when unclear, and (f) when severe, 12(b)(6) for a failure to state. If you do make this error you’ll be able to
save her since Rule 15’s all for amends, (a)(1) lets you act fast, (a)(2) needs consent,
while (b)’s for after pre-trial ends. Now don’t be a sluggard and try this too late,
if you want to amend to add more, Worthington’s wrists got slapped by Rule 15(c),
since there wasn’t a mistake answered for. Once you’re case starts it can be dismissed
if it was already litigated before, With res judicata and collateral estoppel,
your cases are precluded evermore The first’s claim preclusion that cannot be
fudged, even when clothing prices are fixed, as long as they’re of the same operative facts,
new cases cannot be mixed. If you have many claims bring them all at
once, unlike Davis’s darted doom, An exception is when both claims can’t be
first heard, in a County of Sawyer courtroom. In California there are primary rights, where
two claims spawn from the same act, Sawyer has shown they’re of like injuries,
as long as of different sets of facts. Issue preclusion’s a whole nother type, where
decided facts always apply, Federal tribunals count just as much, like
trademarks gone awry. A kangaroo court cannot render a judgment
despite the Writer’s Guild try, In Taylor you can get your day in the court,
so here privity doesn’t fly. With Hosiery and SEC, Shore wanted a check,
so mired this whole debacle, Even no jury, the court didn’t worry, Oked
offensive collateral estoppel. Improper jurisdiction and faulty notice are
judgments that need not apply, but all else decided even if really Lum, full
faith and credit stands by. If you’re going from state court to federal,
Maresse knows they won’t bend their backs, just look at the state law’s preclusion rules
and ready your collateral attack. If one claim is not enough for you, well you
can bring some more, just make sure to read Rule 18a where you
can add them galore. Of course you need jurisdiction limited by
� 1367(a) same goes for Rule 13 counterclaims compulsory
permissive the same. Ignoring compulsory will bar you from suits
while permissive lets you wait until next time,
Jones had to learn the hard way that for these supplemental is fine. No difference in cross-claims for Rule 13(g)
as long as they’re of like transactions, Like in Al Monzo when the first’s dismissed
on the merits but not jurisdiction. Say you have two claims in federal court,
one’s proper but the other is state, if jurisdiction’s not there it could be supplemental,
and added to the federal slate. Section 1367(a) grants jurisdiction as long
as they’re part of the same case, United Mine Workers form a common nucleus,
of operative facts that Gibbs embraced. Section (b) limits what’s given up above,
like parties joined under 19, claims by Rule 24, or defendants joined, by
20 or even 14. Owen was unaware where it would work, but
maintaining diversity’s key, � 1367(c) lets the courts choose at their
discretion if jurisdiction should be. Now that you added claims you can also join,
the more the merrier, Rule 19 is compulsory if your lacked presence
would be a barrier. If a quack hacked your back no need to sue
both manufacturer and doctor at once, Since Temple shows that two joint tort feasors
aren’t necessary to both confront. Throughout all this just remember that person
jurisdiction’s paramount, You can pass 19(a)(1)(B) but fail 19(b) since
Helzberg takes all into account. If the court doesn’t care whether or not you
are there, your joinder can be permissive, For Rule 20(a) with a common act and question,
your defendant must be submissive. When defendants feel like they’re left all
alone, they can implead a 3rd party to suit, Rule 14’s liberal but don’t Banks on indemnity,
since state claims make a federal moot. If you’re a third party not brought by a side,
then sometimes you can intervene, Rule 24(a)’s intervention by right while b’s
permissive for what the court deems. For 24(a) you need interest but disqualified
if it’s already represented, Then join the case if otherwise you’re impeded,
like stare decisis Atlantis presented. If these parties are still not enough for
your case, then maybe you should form a class action,
Just read Rule 23 sections a and then b, then know it still won’t hold any traction. For section a you must satisfy these requirements,
numerous and common to all, typical of them, and representation that’s
fair and adequate’s protocol. Then you must chose (b) either 1, 2, or 3,
to show what relief you want, 2’s for injunctions while 3’s individual but
here notice is paid up front. In Walmart you won’t pass a without common
injury, even when you may need discovery, then for b you’ll fail on predominance, in
Comcast bad models bared recovery. By the way you can waive arbitrated class
action, if you include it in a contract, You can also require only arbitration, so
AT&Ts left intact. And while lawyer fees ought to be a key goal,
don’t be greedy like in Pearson’s case Rule 23(h) says be reasonable, taking 70%’s
a disgrace. Congratulations you can now start your case
and get down to the litigation, But in federal, do you use state law, a question
of professorial adoration. Let’s go back in time to 1789, where the founders
said do state law, The Rules of Decision, act � 1652, says
all but what Congress has drawn. In 1842 Swift said stick to statutes or general
federal common law, Then 1938, Erie did dictate, that this form
it henceforth outlawed. It curbs sovereignty, discriminates citizens,
so didn’t lend Thompkins a hand, So make sure it’s state, lest it relates like
Clearfield’s bounced checks that were banned. Now Erie was murky so later interpreted by
many a proceeding case, York wasn’t Guaranty-ed do outcome determinative,
substantive and procedural erased. Then Byrd employed a balancing test for fundamental
characteristics, juries are so important to courts, outcomes
not the only logistic. Then Hanna’s car crash went and led to a case
saying Erie had twin aim goals, make sure to avoid forum shopping an any inequitable
control. You’re law is all set and you’re ready to
start conducting discovery, Oral depos and examinations and written interrogatories. Rule 34’s for requesting production while
37 makes sure it’s compelled, Then 26(b)’s for the scope and the limits,
it’s generally broad and upheld. The general rule is you pay when requested,
unless you are Zubulake, then do a test run and if too burdensome,
the requesting for you isn’t free. Sometimes you can ask for too much, and if
– it’s privileged then you are denied, absolute can only be pierced with a statute
while the court can decide qualified. UpJohn girl in an UpJohn world got rid of
the control group test, For attorney-client the privilege is set for
all employees addressed. Your work-product privilege is quite a bit
different and operates in the sporting way, Hickman was lazy and wanted his notes, but
was privileged to his dismay. For experts rule 26(b)(4) gives four types,
the names of which some you can find But if informally consulted not retained,
Ager knows it’s the privileged kind. If you bring a case needing an examination,
you may be compelled to have one, But Vinson can verify you still have a right
not to divulge everything you’ve done. Before or after discovery you may be sick
of arguing your case, If you want things cheaper with speed and
certainty, then settlement you’ll embrace. Rule 16 governs pretrial meetings and lets
the judicial promote settlement, But in Kothe v Smith appeals can’t comply
with, compelling it to their detriment. If the defendant offers you some money, make
sure to read Rule 68, If you don’t take it now and the judgment
is less, you’ll pay their fees starting from that date Without a settlement your case can end early
through something called summary judgement, If the facts are all straight and it’s a matter
of law, then you win without argument. If you move for this judgment then you’ll
be assured you don’t need to put evidence in play,
Like in Celotex and Catrett’s hearsay, the burden just shifts away. Since this is governed by Rule 56(a), make
sure it’s a matter of law, In Tolan v. Cotton the judge wrongly ruled,
based on what the cop said he saw. Deciding this issue’s a question of fact which
is left up to jury decisions, But sometimes judges can dismiss their findings,
and insert instead their own visions. Rule 50(b) talks about j.n.o.v., where you
look at facts favorable to the plaintiff, Simblest was so wrong the judge couldn’t go
along, and ruled properly on this tiff. If there are facts that could be construed
differently by a reasonable mind, Then in Sioux City the judge can’t acquit
thee, lest the jury’s decision binds. The jury could also give out too much money,
like they did in O’Gee, So remittitur says you better take less or
a new trial will come onto thee. If a new trial’s what you’ve wanted for a
while then look to Rule 59(a). Either evidence is week or not yet discovered,
or procedural errors unfairly swayed. For these types of errors jury influence must
be external because, Drinking and spliffing and sniffing cocaine,
are internal so do not break laws. If you want a new trial then also please file
a motion for j.n.o.v. If the judge grants the second and it is appealed,
the first could still come to be. But if you are Spurlin then you might lose
both in – part because new trials are rare, The Seventh Amendment says juries are key,
and their decisions are on what you should bear. With all these controversies regarding your
juries, sometimes only a judge will decide, For this it’s Rule 52 where they must publish
fact – and laws separately to abide. If it’s appealed then a court will apply to
the law a de novo review, But if Anderson’s facts are later attacked,
only clearly erroneous will not do. So finally now you have come to an end, but
aforementioned you can always appeal, To an appellate court it’s a matter of right
while Supreme’s a discretionary deal. Appeal as a right is 1291 for decisions, collateral
orders too, Discretionary’s mostly interlocutory, just
look to 1292. For Rule 54(b), it’s also discretionary, for
a claim in a multi-claim case, Rule 23(f)’s for class action while � 1651’s
mandamus’s place. In Mohawk appeals will not grant a new case,
unless you have no other choice, But here they could file on plenty of options,
or be sanctioned and give up their voice. Mandamus is an extraordinary writ, only for
a clear and indisputable case, The court told Kerr to try again since this
precedent they couldn’t embrace. You’ve finally know how to mount a whole case
and to see it all the way through, But be rest assured there are plenty more
rules� Don�t be afraid of them,
They won�t cause mayhem, You�ll love them and hug them
And not want to wait again until you take Civ Pro 2.

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