Flashcards in Civil Procedures Deck (29):
What is specific jurisdiction?
When a defendant may have sufficient contact with the forum to warrant asserting jurisdiciton over it for all matters related to its activity with the forum without having sufficient contact with the forum to warrant jurisdiction
* Only need minimum contacts
What is general jurisdiction?
When the defendant may have sufficient contact with the forum to warrant asserting jurisdiction over it for all matters
* So many contacts that defendant can be sued over anything
How far can federal courts reach in diversity cases?
Only as far as the state's long arm statute allows.
What are the reasons for having an advesarial system?
1. Truer decision
2. Parties should bear the major burden of the time and energy required
3. impartial investigation can produce yes-or-no decision
4. the instinct to do battle is better satisfied by a means of settling disputes that is very much in the hands of the parties
What should be asked before filing suit?
1. Is there a cause of action?
2. What is the probability of winning?
3. Is it worth it?
What does it mean to file a "limited appearance?"
Allows defendant in an aciton commenced on a quasi-in-rem basis to appear for the limited purpose of defending his interest in the attached property without submitting to the full in personam jurisdiction of the court.
What are the ways to serve process?
1. Personal service within the forum
2. Personal service outside the forum
3. Main (Certified/Registered/Oridinary)
What is a cognovit note?
When you agree that you may be sued and be represented by an agent of the suing party and have them give a "confess a judgment" without you knowing it.
Can subject matter jurisdiction be waived?
This type of jurisdiction cannot be waived.
How can an action be commenced?
1. Filing the complaint then serve
2. Service first then file
3. (South Dakota) Hip pocket service - Only file summons
How does statute of limitations apply to a minor?
1. Three years after injury; or
2. one year after reaching age of majority
What are the types of verdicts?
1. Generl verdict
2. Special verdict
3. General verdict with interrogatories
Give an example of a general verdict.
- "We find for the plaintiff."
- "We find for the plaintiff in the amount of X dollars."
What is a special verdict?
Jury asked to answer questions as to the facts; the judge then applies the law to the facts as found by the jury.
What is a general verdict with interrogatories?
Jury told to return a verdict in the same form as a general verdict, but in addition is told to answre certain questions about the facts of the case.
- If those answers are not consistant with the general verdict, and answers control.
What states comprise the 8th Circuit?
1. North Dakota
7. South Dakota
What are the two principles that guide when guidance is needed?
1. Accuracy principle
2. Participation principle
What does FR 12 cover?
Presenation of defense
Is amount in controversy set by statute or by the Constitution?
What is pendant jurisdiction?
Authority of the U.S. Federal Court to hear a closely related state law claim against a party already facing a federal claim.
* When a plaintiff piggybacks another claim
What is ancillary jurisdiction?
Allows the U.S. Federal Court to hear certain claims sufficiently related to the original claim that would otherwise defeat the court's jurisdiction.
What are the main types of jurisdiction?
1. In rem
2. Quasi in rem
3. In personam
What is in personam jurisdiction?
A lawsuit which the case is against a specific individual
What is in rem jurisdiction?
A proceding that takes place no notice of the owner of the property but determines the rights in the property that are conclusive against all the world.
What is quasi-in-rem jurisdiction?
A legal action which is primarily based on property rights, but includes personal rights as well.
What does FR 12(b)(6) cover?
Failure to state a claim upon which relief can be granted.
What does FR 19 cover?
Required joinder of parties.
What does FR 26 cover?
Duty to disclose.