Idea Transcript
Academic Support: SKILLS Workshop Series
http://www.law.whittier.edu/ppt/CivPro Workshop.ppt
Overview of Workshop
Review/Reflection Study Tools Outlining Clustering Flowcharts Flash Cards
Group Activities
Incorporating case law Analysis (Facts+WHY)
Reflecting on Fall Exams
Review/Reflection:
“Soft grades” vs. “Hard grades” Purpose of 2nd Semester Workshop Series
Civil Procedure=1 semester, 1 shot
Focus of ASP: Case reading Time management, actually doing the reading, briefing, how to brief and take class notes for understanding Outlining Organization, proper rules, length, etc. Study Strategies Flash cards, Supplements, Substantive Review Exam Taking Strategy Practice Exams, Time Management, Pre-write outlines, etc.
ASP can help you! What skill do you most want to improve on?
Review/Reflection:
Law School Study Cycle
Read, brief, class notes
Review Class notes for understanding
Update Outline
Practice Exams/ Review Sessions
Assess what you know
Adjust Outline
So what topics have you covered so far? • Subject-Matter Jurisdiction (SMJ)? • Personal Jurisdiction (PJ)? • Venue? • Service of Process? • Notice/Pleadings?
Study Tools:
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Make your OWN outline! 2 Helpful Hints
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Use the Syllabus & book to provide a basic guideline THEN
Outline issues in the structure/order you’d present them on the exam
Outlining
Study Tools:
Clustering 1. Right Ct? a) Personal Jxn b) SMJ c) Venue
4. Adjudication a) Pretrial b) Conferences c) Trial
2. Learning About the Case 5. Appellate Review a) Service of Process a) Appeal b) Pleadings c) Discovery 6. Preclusion a) Res Judicata (Claim 3. Complex Cases preclusion) a) Joinder b) Collateral Estoppel (Issue Preclusion)
Study Tools:
Hierarchy/Flowchart
5 factors Watch out for Erie!
Study Tools:
For a ct to have in personam jxn over a ∆: 1) the state’s long-arm statute must be satisfied, 2) the ∆ must have minimum contacts w/ the forum, and 3) asserting jxn does not offend traditional notions of “fair play and substantial justice”
2) Minimum Contacts—
depends on whether ∆ purposefully availed himself of the forum state. Factors to consider: purposeful availment, foreseeability, unilateral activity, stream of commerce, effects test, etc.
1) Long arm—can be “laundrylist” style and be narrower than the limits of Due Process or reach the limits of Due Process. If it reaches the limits then “minimum contacts” will satisfy it. 3) Fair Play and Substantial Justice—the “balance of convenience test” examines 1) Burden on the ∆, 2) forum state’s interest in adjudicating suit, 3) ∏’s interest in obtaining convenient and effective relief, 4) judicial efficiency, 5) shared state’s interest
Flashcards
Facts+WHY review—Who can recall the approach to analysis we discussed last semester? Facts+WHY •
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Identify relevant facts and explain WHY they are relevant to the rule/legally significant Try to relate the relevant facts back to the “buzz words” of the rule or to case law
Specific Personal Jxn Cases: International Shoe—sold shoes in the forum or Asahi—∆ sent products into CA, knowing they in direction of forum.
would be sold there.
McGee—One client, frequent mailings, enough for min. contacts.
WWVW—Car sold by ∆ driven into forum state.
Burger King—Choice of law provision in K—says use FL law in MI ct.
Specific Personal Jxn Cases: International Shoe—sold shoes in the forum or Asahi—∆ sent products into CA, knowing they in direction of forum.
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Asserting jxn must be consistent with “Fair play and substantial justice” salespeople, product exhibits, taking orders for products w/in state=sufficient contact McGee—One client, frequent mailings, enough for min. contacts.
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Business benefits substantial enough to assert PJ
would be sold there.
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WWVW—Car sold by ∆ driven into forum state.
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O’Connor 4—mere knowledge not enough, need to advertise in forum etc. Need “something more” Non O’Connor 4—“stream of commerce” and ∆ benefitted from the state. One purposely avails = injecting a product into the stream of commerce with expectation that it will be purchased in the forum state.
The ∆s conduct and connection with Burger King—Choice of law provision in the forum state are such that he should K—says use FL law in MI ct. reasonably anticipate being haled into Need “compelling reason” to deny jxn ct there based on the “balance of convenience” “Mere foreseeability not enough.” i.e. the convenience factors.
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Look for “unilateral activity”/control of the product
NOTE: this is for example only
Paul purchases a motorcycle from Bubba’s Bikes, a small business that has only one location in CA. Paul goes on a road trip and drives the motorcycle from CA to Texas. Paul gets into an accident in Texas. Can he sue Bubba’s Bikes in Texas? ∏’s argument
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International Shoe—sold products in direction of the forum state because people often drive motorcycles across state lines
∆’s argument
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Looks like WWVW—couldn’t control the “unilateral activity of the product”
“Mere foreseeablity” not enough
Paul purchases an Audi S-5 from Keyes on Van Nuys. Keyes is one of the largest car dealerships on the west coast that advertises throughout CA, AZ, OR, and WA. Paul goes on a road trip and drives the car from CA to AZ. Paul gets into an accident in AZ. Does Keyes have such minimum contacts in AZ that Paul can sue Keyes in an AZ court? ∏’s argument Asahi—advertised in the forum state, benefitted from business in the forum state=knowledge+ “something more” • International Shoe—sold products in direction of the forum state
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∆’s argument
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Looks like WWVW—couldn’t control the “unilateral activity of the product” “Mere foreseeablity” not enough
Facts Relevant to Long-Arm Statute Facts
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+WHY
Courts may exercise PJ is proper if Minimum jurisdiction over Contacts and Fair Play and nonresidents on “any Substantial Justice are met basis non inconsistent with the Constitution of the US”
Facts Relevant to Minimum Contacts
Facts
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Accident in State X
Driving through State X for delivery in State Y. Logo on car, quoted to be “the best in the Tri-state Area”
+WHY
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Nexus between Danco’s activities w/in state and COA “Unilateral activity” of their delivery services but driving through the state to serve business (WWVW) Advertising in the forum (Asahi) for the “Tri-state Area”
Facts Relevant to Minimum Contacts Facts
+WHY
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Does no business in State X
Danco is incorporated in State Y and has PPB in State Z (adjacent to X).
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WWVW mere foreseeability of car driving there enough? Advertised for the “TriState Area.” States X, Y, Z are located near each other so could be “TriState area”
Facts Relevant to Fair Play & Substantial Justice Facts
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Accident occurred in State X Parties involved in accident from state X Danco is incorporated in State Y and has PPB in State Z (adjacent to X). State Z is located adjacent to State X
+WHY
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Not a distant forum Several State’s interests (witnesses, evidence, etc) Defendant located in different forum but it’s not a distant forum.
Recap Review/Reflect/Adapt/Evolve Pay attention to how the book/class is organized Practice/Be Proactive
Law School Math Lesson: Facts + WHY =
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