Civil Procedure-1
First semester civil procedure materials
Civil Procedure: Venue
Governed by §1391, venue concerns the appropriate district court in which an action may be filed. Venue statutes are generally concerned with convenience, as they seek to channel lawsuits to an appropriately convenient court, given the matters raised and the parties involved in an action »
Civil Procedure: Personal Jurisdiction
Personal Jurisdiction refers to the courts power to enter judgement against a defendant. Without personal jurisdiction, the court cannot bind the defendant to an obligation or adjudicate any rights over property. Personal Jurisdiction can be exercised when a defendant has met both statutory and constitutional requirements. Personal Jurisdiction can be either Specific or General,... »
Civil Procedure: Grable Substantial Federal Issue Test
The Grable Test carves out a "special and small category" of cases from state court jurisdiction arising from state-law claims. The Grable Test serves to determine whether federal question jurisdiction exists when there is a federal issue claimed to be embedded within a state law claim. Grable & Sons Metal Prods. v. Darue Eng'g... »
Subject Matter Jurisdiction: §1331 – Federal Question
In order to get into Federal Court under §1331, a plaintiff must demonstrate that a the case arises from a right or interest that is substantially founded on federal law. Further, the federal question must be affirmatively stated in the complaint, which is known as the well-pleaded complaint rule. »
Civil Procedure: Erie Doctrine
Erie established that in federal diversity cases, matters characterized as substantive would be governed by state law, and those characterized as procedural would be governed by federal law. This became known as the “substance versus procedure” test. »
Civil Procedure: Forum Non Coveniens
Latin for, "inappropriate forum," forum non conveniens (FNC) is a common law doctrine that gives courts the discretionary power to decline hearing a case if there is both an undue hardship on the defendant and a more convenient forum the case to be heard in. »
Civil Procedure: Subject Matter Jurisdiction Outline
Analyzing Cases Dealing With Federal Jurisdiction How are the parties trying to get into Federal Court? §1331 Federal Question? i. Holmes ii. Grable iii. Well-Pleaded Complaint Artful Pleading §1332 Diversity & Amount in Controversy? i. Citizenship Issues Complete diversity under rule? ii. Amount in controversy >$75,000? Aggregated claims? Joined parties? Under what rule? §1367 Supplemental Jurisdiction i. The Old: Hurn – Claims that... »