Submitted by: Submitted by marcellojuliano
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Words: 31851
Pages: 128
Category: Other Topics
Date Submitted: 01/18/2012 12:09 AM
Civil Procedure Outline
Jurisdiction Exclusive:
* If you can file on only one of them: State OR Federal courts.
Jurisdiction Concurrent:
* If you can file on BOTH courts: State and Federal Courts.
Case arrives under Federal Law?
* US Congress makes the law (Constitution, Statutes, Regulation, and National Interest cases).
Substantive Law = Torts, Contracts and Property…
Procedural Law = Civil Procedure
“No vehicles on the park case”
* State ordinance
* Citizens diversed? Met $75k limit?
* Where to file? Miami or Fort Lauderdale?
* Look where districts are covered by who
* Look at STATUTES to see where to file (where’s appropriate)
* File where resides
* Venue consideration: Convenience for defendant.
* 1 or more proper venues
* Citizens from different states
How to serve process?
* FRCP = Federal Rule Civil Procedures
* Good service process
* Federal Ct in Miami: US Dist Ct. of Southern Dist of Florida, Miami, FL
* Or: 11th Judicial Dist of Fl. Circuit Courts.
receives claim/complaint
* Got answer in 21 days or so. If you don’t answer, DEFAULT ( may win)! Ex: foreclosures.
* Check Causes of Action: Negligence (count I), Negligence Per Se (count II), Negligent Infliction of Emotional Distress (count III).
answers to complaint:
* Admit
* Deny
* Not enough knowledge / Lack information
* If wrong, try to settle right away for less.
* Deny Ex: Is segway a vehicle? (Look at statute for answer)
* Purpose of Miami Beach ordinance
* Motor vehicles
* Look state law/statute
* What a vehicle is? Dictionary!
Possible to DISMISS Case
* Not a NY citizen anymore.
* Federal ct: Lack of subject matter jurisdiction
* Then file: State Ct.
* You can possibly file: Motion for Summary Judgment (failure to state a claim)
* You can possibly file: Motion to...