Civil Procedure by Emerson Stafford

Question 1

the complaint

Answer 1

The complaint- the federal rules follow notice pleading. provide enough notice of what the transaction is about. you don’t have to identify the name of the cause of action or any legal theories. Don’t have to have a theory yet

Question 2

judgement on the pleadings

Answer 2

look at the pleadings itself .. the cause of action doesn’t exist anymore. eg the statute of limitations has run

Question 3

jurisdiction

Answer 3

jurisdiction over a person: person who files a complaint..have grant jurisdiction to the court so our focus is on the D. personal juris over the defendant: 1) proper basis,that is adequate contacts
2) long arm statutes if the defendant is a non resident of the state-
long arm statutes applies to the state courts. the state consti or state statues extend juris beyond the borders to Defendants if they have enough contacts with the state. come back here and defend. even they disobey than they would get a default judgement which is enforceable by pursuant of the full faith and credit clause

Answer 4

the federal court also use the long arm statute of the state where they are sitting. the long arm statute is apart of the state substantive law- not procedural.. erie doctrine

Question 5

traditional contacts or bases

Answer 5

domicile- you will get general jurisdiction over a person that is domicile.

gen juris- jurisdiction for anything they did at any place in the world. whereas specific jur is juris over a PARTICULAR event but nothing else

present when served- also gets general juris

consent- only gets jurisdiction only to the extent of the consent. thus specific jurisdiction

Answer 6

systematic and continuous activities in the state. they are treated as if they are domiciled in the state and thus gen juris

minimun contacts– purposeful availment of benefits of the forum state.. eg driving thus making use of roads, place ads on internet.. if the state becomes apart of the market as a result they are viewed as getting a benefit

Question 7

minimum contact continues

Answer 7

however an isolated transaction or event will not amount to purposeful availing because the state doesn’t becomes a part of the market

Question 8

nexus

Answer 8

the cause of action must arise from the purposeful availment

Question 9

minimum contact

Answer 9

foreseeability is another factor

Answer 10

fair play and substantial justice– even if purposeful availment, nexus and foreseeability are satisfied the court may still not have jurisdiction if it wouldnt be fair

Question 11

long arm statutes

Answer 11

co-extentive with the us constitution- make ppl come back defend to the full extent permitted by the constitution
list- if you did anything on this list, you should come back and defend but everything on the list is subject to whether or not it violates the constitution so most jurisdiction doesnt make a list anymore

Answer 12

making a general appearance you are consenting to the jurisdiction of the court. but if you make a special appearance where you are there for the limited purpose of litigating jurisdiction you are not consenting to the jurisdiction

Question 13

rule 19 a

Answer 13

ought to join if you gonna mess up the people in the lawsuit or mess up yourself. eg.. people in the suit may not get adequate relief if the party are not in the suit. the person in the suit maybe subject to inconsistent result or the person in the suit may be subjected to double recovery