Category: Civil Procedure (1L)
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Understanding the Erie Doctrine: A Pillar of Federal-State Legal Dynamics
In the tapestry of American jurisprudence, few doctrines have had as transformative an impact as the Erie Doctrine, established by the Supreme Court in the 1938 decision of Erie Railroad Co. v. Tompkins. This doctrine redefined the application of state law in federal courts and reshaped the interaction between federal and state legal systems. This…
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Erie Doctrine Attack Sheet
ERIE SUMMARY – CHECKLIST Federal Law Applies (in federal courts): Substantive Law: Rules of Decision Act Federal Statute Federal Constitution Federal Treaty Federal Common Law Application of Uniform Federal Interest Triggered by uniquely federal interest requirements: admiralty, intrastate, international, etc cases Procedural Law: Federal Statute Federal Constitution Federal Treaty Rules Enabling Act…
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Civil Procedure Attack Sheet
Personal Jurisdiction Overview Introduction Pennoyer v Neff: originally found that for the state to exercise power over individuals or property there must be valid service of process on the individual or attachment of property in the state. No 14th Amendment yet but said that due process would apply the same limitations on exercise of jurisdiction.…
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Civ Pro Law School Outline
Civ Pro Outline PLEADINGS Intro In General: P begins a civil action by filing in a court of appropriate J a complaint seeking some sort of judicial relief against specified Ds. The court thereupon issues its process (e.g. summons) directing the named Ds to appear. A D “appears” by filing some sort of response (e.g.,…
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Civil Procedure 1 – Martin
Civil Procedure Professor Martin Personal Jurisdiction Traditional Basis for Jurisdiction Pennoyer v. Neff Rule: Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory; therefore, the courts of that state may enter a binding judgment against a non-resident only if he is personally served with process while within the state, or, if…
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Civil Procedure – Law School Outline 1L
I. STATUTORY AUTHORIZATION—IS IT AUTHORIZED? A. Long Arm Statutes YES, bc the “last tortious act” of the radiator valve exploding occurred in IL. (Gray vs. American Radiator) NO, the breach of fiduciary duty (last tortious act) occurred in TX and the connection to the diminution of funds was “too remote” (Green v. Advance Ross) differences–Gray:…
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Civil Procedure 2 – Outline Attack Sheet
Discovery The scope of discovery as defined in FRCP 26(b) states that a party may discover any item relevant to a claim ore defense WHEN it is reasonably calculated to lead to the discovery of “admissible” evidence. (in contrast to the older rule which required relevancy to the “subject matter” of the case). Items available…
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Civil Procedure Outline – 1L
Federal and State Jurisdiction 1 {Section I Jurisdiction} Introductory Survey of Civil Procedure US Constitution Article III Section 1: The powers of the United States are vested in one U.S. Supreme Court. Section 2: The power of the US Supreme court extends to all cases in law and equity arising under the Constitution, the laws…