Pg 2

Question 1

Who do you file a complaint with?

Answer 1

The clerk

Question 2

What are the two things you have to do with a complaint?

Answer 2

File it with the clerk and serve it on the defendant

Question 3

When is the judge assigned to a case?

Answer 3

In federal court when the case is filed.

Question 4

What is the response?

Answer 4

The defendant responds by answering the complaint or making objections

Question 5

What is involved in an answer?

Answer 5

The defendant sets forth his positions on the allegations of the complaint in response to each allegation paragraph by paragraph. He also asserts affirmative defenses and counterclaims. He then files his answer with the court and serves it on the plaintiff

Question 6

What happens during discovery and who does discovery?

Answer 6

Parties get information from each other and from outside witnesses. This is done by attorneys

Question 7

What are examples of things that are included in discovery?

Answer 7

Interrogatories, request for production of documents, oral depositions, experts, etc.

Question 8

What is the court’s role in discovery?

Answer 8

It just acts as a referee

Question 9

What do pre-trial dismissals and summary judgement do to a suit?

Answer 9

Cut it short

Question 10

What happens at a pre-trial conference?

Answer 10

Motions and evidentiary issues are resolved, settlement is explored, and a final schedule for trial is created

Question 11

What is involved in personal jurisdiction?

Answer 11

This is the power of the court to compel attendance or participation of parties to the case. This is jurisdiction over the person. The defendant must have a relationship with the forum state that would reasonably lead him to anticipate being sued there

Question 12

Why is there never a personal jurisdiction argument coming from the plaintiff?

Answer 12

Because the plaintiff chooses the forum, so he consented by filing the complaint there

Question 13

Is it possible to get personal jurisdiction over a nonresident defendant?

Answer 13

Yes, if he:
– consents to suit
– is personally present in the state for service of process
- has sufficient minimum contacts with the forum state

Question 14

Is it possible for personal jurisdiction to rest on whether the defendant’s employer has contacts with the forum state?

Answer 14

No

Question 15

What are the differences between subject matter jurisdiction and personal jurisdiction?

Answer 15

– subject matter jurisdiction: you cannot waive this or consent to it. It covers subject matter. Domicile is required
– personal jurisdiction: you can waive this and consent to it. It covers the person. No domicile is required

Question 16

What is required for an essay for personal jurisdiction?

Answer 16

– is there a traditional basis for personal jurisdiction? If yes, discuss what it is
- if not, does the suit arise out of the defendant’s contacts with the forum state?
• if so, apply specific jurisdiction: foreseeability and purposeful availment
• if not, apply general jurisdiction: systematic and continuous activity giving substantial forum related connection
• discuss fair play and substantial justice
- is there a long arm statute?
• if so, what are its requirements and are they met?
• if not mentioned in the fact pattern, discuss basic requirements for long arm statutes

Question 17

What are the two things that are needed in order to get personal jurisdiction over a D?

Answer 17

– notice and opportunity to be heard

– basis for having jurisdiction over the person

Question 18

What is involved in notice and opportunity to be heard for personal jurisdiction?

Answer 18

The defendant must be properly served according to the constitution and rules of service in order to give him notice of the suit and an opportunity to be heard in litigation to defend himself under the due process clause of the 14th amendment.

Question 19

What are the two questions to ask on an essay with regard to the element for personal jurisdiction of notice and opportunity to be heard?

Answer 19

• if service was proper according to the applicable statutes and rules?
  – if it was constitutionally sufficient under the 14th?

Question 20

What kind of situation would be required to postpone the element of personal jurisdiction regarding notice and opportunity to be heard?

Answer 20

An extraordinary situation such as an important government or public interest, prompt action being required, a government official needing to act to protect against disaster, etc.

Question 21

What is involved in the reasonable efforts that are required with relation to notice and opportunity to be heard as an element of personal jurisdiction?

Answer 21

There must be reasonable efforts that are reasonably calculated [not guaranteed] and have a reasonable prospect of giving actual notice under the circumstances

Question 22

Is it possible to give constructive notice or publication instead of actual service of process in order to meet the notice and opportunity to be heard requirement for personal jurisdiction?

Answer 22

Yes

Question 23

If you know the whereabouts of a defendant, is it enough to send first class mail to them in order to meet the notice and opportunity to be heard requirement of personal jurisdiction?

Answer 23

Yes, but if you know his whereabouts and you only publicize it, that would be not enough

Question 24

If you don’t know the address of someone that you’re trying to sue, is it enough if you just publicize the suit in order to meet the element for notice an opportunity to be heard under personal jurisdiction?

Answer 24

Yes

Question 25

Is it enough to give notice and opportunity to be heard for personal jurisdiction if you attach real estate and publicize?

Answer 25

Probably enough since people usually are aware of their possessions

Question 26

What is the default rule for how notice and opportunity to be heard needs to happen for personal jurisdiction?

Answer 26

Notice should be given by first class mail

Question 27

If no notice is given of a suit, so that the defendant didn’t know about it, what happens?

Answer 27

That is a due process violation so the defendant can object and any earlier judgement is not binding

Question 28

If the government sent notice of a suit to a defendant by certified mail, but they didn’t follow up when the mail came back unclaimed, would that be enough to count as notice for personal jurisdiction?

Answer 28

No, they would have a duty to take additional reasonable steps if practicable to ensure the defendant got the notice

Question 29

If reasonable notice was constitutionally given to a defendant for PJ, but he didn’t know about it, what happens?

Answer 29

The judgement is binding. The defendant doesn’t have to actually learn of the suit if reasonably calculated notice was given. There’s always a risk that notice won’t actually reach every person.

Question 30

If a default judgement was entered on a defendant after his housekeeper threw away the notice of the suit and he didn’t learn about it, can the defendant move for relief under FR 60b?

Answer 30

Technically the judge has discretion to undo the finality of a judgement for any reason that justifies relief where fairness supports reopening the case

Question 31

If someone is in jail and they do not get notice of a suit even though it was sent by certified mail, has the notice element for personal jurisdiction been satisfied?

Answer 31

Yes so they are considered to have had noticed

Question 32

What does it mean that a defendant must have the opportunity to be heard as an element of personal jurisdiction?

Answer 32

The defendant must have the chance to defend himself before his property is taken. He must be informed about it and given the chance to appear or to default

Question 33

If a creditor wants collection, what must he get first?

Answer 33

A writ by a judge through facts that show an immediate right to possession.

Question 34

If a sheriff takes a debtor’s chattel, what does the debtor have an immediate right to do?

Answer 34

To a hearing on the merits to explain himself

Question 35

What is required in order for repossession to occur?

Answer 35

There must be a balance of the debtor’s property interest in continued possession against the creditor’s interest of his right to payment and the risk factors involved in the original agreement