Civil Procedure

Question 1

Qualifications to be a process server

Answer 1

Legally competent adult who is not a party.

Question 2

Service on an individual (Michigan)

Answer 2

Personal service of the summons and complaint

Registered/certified mail with return receipt

Question 3

Service on a business (Michigan)

Answer 3

personal service on a director of the corporation (summons and complaint)

Registered mail to Principal Office

Question 4

General Jurisdiction for a corporation

Answer 4

Defendant’s contacts with the forum are of such a nature as to render the defendant at home in the forum.

1. state of incorporation
2. consent to the jurisdiction
3. continuous and systematic business within forum (analyzed in the context of business volume in other states by comparison)
   GJ by doing business there is RARE.

Question 5

Specific Jurisdiction for a corporation

Answer 5

Specific Jurisdiction refers to the power to adjudicate issues that are derived from or connected to conduct within the jurisdiction.

1. Minimum contacts with forum sufficient to avail itself to the forum
2. action must arise from the acts of the defendant or consequences caused by the defendant in the state
3. exercise of jurisdiction must be fair and reasonable

Question 6

Remand

Answer 6

A federal court remands a case to state court if the claim originated in state court.

If a claim is initially filed in federal court, then there is no remand, instead, the federal court dismisses and allows the parties to refile in state court.

Question 7

Newly Discovered Evidence

Answer 7

A motion for a new trial based upon newly discovered evidence may be granted if the evidence was excusably overlooked and is likely to change the outcome of the trial.

Question 8

Collateral Estoppel

Answer 8

Collateral Estoppel . . .