1. Defaults & Dismissals
2. Lex Loci Delecti
2.1. Location of Damage
3. Vertical Choice of Law (Erie Doctrine)
4. State v. Federal Courts
4.1. State
4.1.1. Reason for choice
4.1.1.1. Elected judges
4.1.1.2. General SMJ
4.1.1.3. Jury pool more concentrated
4.1.2. Trial Court -typically multiple courts (district and circuit)
4.1.2.1. Court of Appeals
4.1.2.1.1. Supreme Court
4.2. Federal
4.2.1. Reason for choice
4.2.1.1. Quicker resolution
4.2.1.2. Judges have lifetime tenure under Article 3
4.2.1.3. Limited SMJ
4.2.1.4. Jury pool more broad
4.2.2. District Court
4.2.2.1. Circuit Court of Appeals
4.2.2.1.1. US Supreme Court (With discretionary review)
5. Selecting a Court Topics
5.1. Jurisdiction over the Person (State law must authorize jurisdiction and exercise must be const.)
5.2. Subject Matter Jurisdiction
5.2.1. Courts power over particular types of claims
5.2.1.1. Each claim must establish SMJ
5.2.1.1.1. Limit is set by the US Constitution
5.2.1.2. Federal courts have limited SMJ
5.2.2. Constitutional SMJ
5.2.2.1. Suit which stems directly from the Constitution, federal laws or a treaty
5.2.2.1.1. B/w a state and citizens of another state
5.2.2.1.2. Where the US government is a party
5.2.2.1.3. Cases of Ambassadors, public ministers, consuls.
5.2.2.1.4. B/W a state (or citizens) and foreign states (or citizens)
5.2.2.1.5. Admiralty law
5.2.2.1.6. B/w Citizens of different states
5.2.2.1.7. B/w different states
5.2.3. 28 USC § 1331 Federal Question SMJ
5.2.4. 28 USC § 1332 Diversity SMJ
5.2.5. 28 USC § 1367 Supplemental SMJ
5.2.6. Terminology
5.2.6.1. Original V. Appellate
5.2.6.1.1. Court where case may begin v. where case can be reviewed
5.2.6.2. Exclusive v. Concurrent
5.2.6.2.1. Only one particular court may hear v. both courts may hear the action (allowing the choice in forum)
5.3. Venue/Transfer/Forum Non Conveniens
5.3.1. Venue
5.3.1.1. Place where the case will be tried
5.3.1.1.1. General Rule: Venue is proper where any defendant resides, events or omissions occurred, or a substantial part of property is situated
5.3.1.1.2. Unlike SMJ, Venue is waivable.
5.3.2. Transfer
5.3.2.1. Staying in the system, but transferring locations. Same level, same system
5.3.2.2. Original venue proper, but transfer for convenience to a venue where case might have been brought or to which parties consent.
5.3.2.3. Original Venue Improper
5.3.2.3.1. Transfers to venue where the case could have been brought to correct error
5.3.3. Forum Non conveniens
5.3.3.1. Doctrine (of last resort) Venue is proper, but is so inconvenient and has no proper transfer place. Dismiss to refile where convenient
5.4. Removal
5.5. Substantive Due Process- Notice and the Opportunity to be heard.
5.5.1. Notice
5.5.2. Service of Process
6. Lex Loci Fori
6.1. Location of Forum
7. Purpose of
7.1. Rules that apply to civil litigation, just one of the ways to satisfy a lawsuit
8. Key Concepts
8.1. United States uses a Party System
8.1.1. Through party autonomy, parties plead and make motions
8.2. To plead is one of 7 documents about claims and responses to the claims
8.2.1. Complaint, Answer, Etc.
8.3. A motion is asking the court to do something (More time, sanctions, permission to bring witnesses)
8.4. Heart of party autonomy is the plaintiff's autonomy.
8.4.1. Plaintiff's autonomy is like "it's my party, I'll cry if I want to."
8.4.2. Plaintiff makes all major decisions, judge remains neutral, acting as a referee
9. Class Actions
10. Pre-Trial Case Management
10.1. Pleadings
10.2. Preclusion
10.2.1. Issue Preclusion
10.2.2. Claim Preclusion
10.3. Discovery
10.3.1. Scope of Discovery
10.3.2. Types of Discovery
10.3.2.1. Interrogatroies
10.3.2.2. Requests for Admissions
10.3.2.3. Requests for Docmuments
10.3.2.4. Depositions
10.3.2.5. Protective Orders
10.3.2.6. Subpoena
10.3.3. Discovery Limitations
10.3.3.1. Privileges
10.3.4. Spoliation; Duty to Preserve
10.4. Adding more than Two Parties
10.4.1. Interpleader
10.4.2. Intervention
10.4.3. Joinder
10.4.3.1. Simple "Garden Variety" Joinder
10.4.3.2. Compulsory Joinder
10.4.3.2.1. When a lawsuit has been filed and there is a person or entity (The absentee party) who have not been joined to the lawsuit as a party and failure to jin may adversely affect him and/or the parties to the lawsuits.
10.4.3.2.2. 1. Is the absent party necessary or a required party to the lawsuit?(RULE 19(a)).
10.4.3.2.3. 2. If the absentee is found to be a "required party" under 19(a) must be joined if feasible. (rule 19(b))`
10.4.3.2.4. 3. If joinder of the required party is NOT FEASIBLE, then the court may decide (in equity and good conscience) if the party:
10.5. Summary Judgement
10.6. Affidavit
10.6.1. Sworn testimony of an affiant
10.6.1.1. Must be made on Personal Knowledge
10.6.1.2. Must set forth Facts that would be admissible at trial
10.6.1.3. Must establish an affiant's competence to testify.