Legal Process
Terms
undefined, object
copy deck
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What is In Personam Jurisdiction?
How is it obtained? -
It is juridiction over the person rather than just jurisidiction over property rights.
It is obtained through: Actual Service, Constructive Service, Voluntary Appearance, and Minimum Contacts (International Shoe) - What are the elements of the Minimum Contacts Rule?
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1. The exercise of jurisdiction must follow notions of Fair Play and Substantial Justice.
2. Defendant must have continuous and systematic dealings within the state.
3. Defendant must have reasonably foreseen that he could have been brought under the juridiction of that state.
4. Must not put an undue burden upon the defendant.
5. Must be actual or constructive notice.
6. Defendant should have availed himself to the protection and benefits of the state.
7. The state should have some interest in bringing the defendant to its forum. - What is In Rem Jurisdiction?
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It is the jurisdiction over the rights and status of property.
Each state generally has exclusive jurisdiction over the property within its borders. - How must something be Constitutionally seized?
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If there is no prior hearing there must be Jo Blah.
An AFFIDAVIT must be filed with a JUDGE. There filer should have a LIEN on the property, and should post BOND to get a seizure. The seizure should be performed by an OFFICER. The debor should have the right to a HEARING a reasonable time after the seizure.
Not all of these elements MUST be met, but most of them should. - What are the 3 extraordinary sitiutations in which a hearing and notice may be postponed?
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1. The seizure is directly necessary to secure an important governmental or general public interest.
2. Special need for very prompt action (I.e. there is a reasonable risk the debtor will attempt to encumber, alienate, or dispose of the property before it can be seized)
3. The person initiating the seizure is a governmental official who has determined that it was necessary and justified to seize the property in that particular instance. -
Type of Judicial Jurisdiction.
What is Personal Jurisdiction? - It is whether the court has personal juridiction over the person and may hear the case. (Notice, domicile, Minimum Contacts)
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Type of Judicial Jurisdiction.
What is Subject Matter Jurisdiction? -
It is whether the court has the power to hear what the case is about.
Federal courts may only hear cases either on appeal, cases involving foreign ambassadors, public ministers and consuls, and States. - What is Legislative Jurisdiction?
- It is what law applies to a certain case when there is a conflict in domicile.
- What is Lex Loci Delictus?
- It is the old rule in which the courts applied the laws of the land in which the incident occurred
- What is the Center Of Gravity Rule?
- Courts will apply the laws of the jurisdiction that has the most significant relationship to the event and the parties.
- What are the elements of the Center Of Gravity Rule?
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1. Place where the accident occurred
2. The domicile of the parties involved.
3. Place where the parties relationship is centered (I.e. 2 NY residents who are in Utah for long periods of time for school; Utah law will apply if the accident occurred there).
4. Policies of the rules of the lands, and the interests of the possible jurisdictions (I.e. One jurisdiction has a statute that is meant to protect domiciles of that state, and the other jurisdiction has no such statute, then the protective statute will be applied because of a stronger interest in the case.)
5. Whether it was incidental that the parties were in the state in which the accident occurred. - How should you interpret a statute?
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1. Read the words and go for plain meaning
2. If it is still unclear, look to dictionaries, the title, or Congressional Reports.
3. Look to the evil sought to be remedied by the statute.
4. Look to public policy. - What are some important canons of statutory interpretation?
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Ejusdem Generis: When a generalized term follows a list of specifics, it is meant to only include items that are the same as the type listed.
Expressio Unius Est Exlcusio Alterius: The expression of one thing is the exclusion of another.
Do not interpret the statute in a way that will result in absurdity, oppression, or injustice. - What are the elements of "cases and controversies"?
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Standing
Mootness
Ripeness - What is Standing?
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: A party’s right to make a legal claim or seek adjudication of a case.
Elements of Standing
1. The challenged conduct must have actually injured the plaintiff or he is in immediate danger of direct injury.
2. The injury complained of must be what the statute was meant to protect.
3. The plaintiff must be asserting his own rights and interest, not that of some third party. - What is Mootness?
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There is no longer a live controversy. Any decision made by the courts will no longer have an practical effect on the controversy that was brought forth.
Courts will not address a moot controversy unless:
a.) There is a high chance of a controversy repeating itself.
b.) The controversy is evading review (I.e. abortion cases in which the pregnancy is over before adjudicated).
c.) There is great public interest in the issue raised.
d.) The adjudication of the issue affects the rights of many people. - What is Ripeness?
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The controversy has not ripened yet. The courts do not want to adjudicate hypothetical issues.
Although the courts do not want to adjudicate when no injury has occurred, they will allow declaratory relief so that the plaintiff does not have to actually expose himself to actual arrest or prosecution as long as there is a harm to his Constitutional rights that is imminent - What is Federalism?
- A doctrine that restrains federal courts from adjudicating constitutional challenges to state action (both civil and criminal) because doing so would be an intrusion upon the rights of the states to enforce their owns laws in their own courts. This is based upon the notions of equity and comity.
- When will a federal court impose Injunctive Relief?
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a.) It is expressly authorized by Congress
b.) It is necessary in aid of its jurisdiction
c.) It is necessary to protect and effectuate its judgments.
d.) Defendant can show that there will be immediate and great irreparable damage if the injunction is not granted.
e.) The prosecution is proceeding in bad faith/harassing the defendant
If the State court has yet to impose hearings, then the federal court is not interfering. If, however, the state proceedings begin before the Federal courts have begun to adjudicate upon the merits of the case, the Federal court should dismiss the action so that the state court may proceed.
Courts will not impose injunctive relief if the only harm the defendant will receive is that incidental to every criminal proceeding brought lawfully and in good faith. - What is Res Judicata?
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Precludes a person from bringing about the same cause of action, or splitting his cause of action. Once it has been litigated it cannot be relitigated by the same parties. (bars the entire case)
Requirements:
1. Identical Parties
2. Valid and Final Judgment on the merits
3. Identical claim - What is Collateral Estoppel?
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It bars a party from relitigating an issue that had been determined in an earlier action. (Bars a specific issue)
Requirements:
1. There was a valid judgment on the merits
2. The issue that was adjudicated is identical to the issue brought forth in the second action
3. The issue that was decided in the previous was not dictum.
4. The issue decided must have been against the same person in the 2nd case as it was in the 1st or the parties were privities. The issue of mutuality has been opened up - What is the modern Rule of Mutuality?
- The party against whom estoppel is used must have been a party, or a privity of the first action. THE PARTY MUST HAVE HAD A FULL OPPORTUNITY TO LITIGATE THE ISSUE AND MUST HAVE HAD REASONABLE INCENTIVE TO FULLY LITIGATE THE CASE. (Cases that are for minute damages are often not held to collatorally estopp a case because it may have been cheaper for the litigant to just pay the damages as opposed to going to court; therefore, he did not fully litigate the issue)
- What is Defensive Collateral Estoppel?
- Used by defendant to defeat a claim
- What is Offensive Collateral Estoppel?
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Used by plaintiff against a defendant to support a claim. This must be carefully used so as to prevent injustice.
Elements:
The defendant had a full opportunity and incentive to fully litigate the case.
It must not violate the defendant’s rights (right to a jury).
It must not cause a judgment inconsistent with previous decisions.
If it was foreseeable that multiple suits would arise then estoppel could be maintained.
If the plaintiff could not have easily joined into the first case.
Non-mutual offensive collateral estoppel can never be used against the U.S. because it is party to many lawsuits and estopping will prevent the development of important legal issues.