Civ Pro Flow Charts
When a federal court is exercising diversity jurisdiction, it must apply the substantive law of the state in which it sits. Erie Railroad v. Thomkins, clarifying the Rules of Decision Act (28 U.S.C. §1652). A state statute setting forth a cause of action is a clear example of state substantive law. Less obvious examples of substantive law [...]
Category : Civ Pro Flow Charts
A. Judgment as a Matter of Law: Rule 50(a) The motion formerly known as “motion for a directed verdict.” Some state courts still call it that. 1. The moving party must specify: a. the judgment sought, and b. the facts and law on which it is entitled to the judgment. 2. Standard: there must be no [...]
Category : Civ Pro Flow Charts
A. Prerequisites: Rule 23(a). All four requirements must be met. 1. The class is so numerous that joinder of all members is impracticable. 2. There are questions of law or fact common to the class. 3. The claims or defenses of the representative parties are typical of the claims or defenses of the class. 4. [...]
Category : Civ Pro Flow Charts
A. Power The question of personal jurisdiction is whether it is reasonable for a court to have power over a person or thing. B. Constitutional Framework The U.S. Constitution limits the power of courts over persons and things. The Due Process Clause of the 14th Amendment is the source of the “reasonableness” requirement, while the Full [...]
Category : Civ Pro Flow Charts
1. The United States Constitution a. Due process Clause of the 14th Amendment The Due Process Clause of the 14th Amendment says that no State shall “deprive any person of life, liberty, or property, without due process of law.” The DP Clause applies to courts because one of courts’ functions is to deprive people of [...]
Category : Civ Pro Flow Charts
The case Neff lives in California. Mitchell sues Neff in Oregon. Neff is not personally served with process, and does not appear. Mitchell gets a default judgment. Later, Neff acquires land in Oregon. Mitchell has the sheriff seize and sell the land to satisfy the judgment. Pennoyer buys the land. Neff sues Pennoyer. Neff‛s argument [...]
Category : Civ Pro Flow Charts
