CONCEPTUAL FRAMEWORK Choosing a Trial Court

Choosing aTrial Court

(Federal or State Court)

Subject MatterJurisdiction

Personal (Territorial)Jurisdiction

VenueVenue Transfer

Forum non conveniens+ +

SPECIFIC JURISDICTION

Organization of casebook Chronological

Historical tour Categorical

In personam v. in rem Contract v. tort

SPECIFIC JURISDICTION

Application of “minimum contacts” Specific v. general jurisdiction Contract v. tort International Elaboration of “sub-tests”

SPECIFIC JURISDICTIONBlack Letter Law

McGee State interest

Hanson “purposeful availment”

SKILLS: STRATEGIC THINKING

Why did defendants take WWVW to S.Ct.? As pl’s initially configured the lawsuit, could defendants remove to federal court?

Why not? How does dropping Seaway & WWVW affect

removal? What action will remaining defendants take on

remand from Supreme Court? What about the 1 year time limit in §1441(b)

SKILLS: READING CASESThe Caption Mystery

What’s with the caption in

WWVW? Who is Woodson?

What’s with the caption in Asahi? Superior Court as the defendant???

SKILLS: READING CASESThe Caption Mystery

Extraordinary writs &

interlocutory appeals Prohibition, mandamus Cf. certiorari

SKILLS: READING CASESVotes & Holdings

Justice O’Connor Part II-A Rule Choice

Factual Problem Addressing? Rule Choice Options? O’Connor’s Rule Choice? Reasons? Who joined?

SKILLS: READING CASESVotes & Holdings

Justice Brennan Part II-A Rule Choice

Rule Choice? Reasons? Who joined?

SKILLS: READING CASESVotes & Holdings

Justice Stevens Part II-A Rule Choice

Rule Choice? Reasons? Who joined?

SKILLS: READING CASESHolding v. Dictum

Part IIA: Stream of Commerce Analysis Has the court (dis)approved?

O’Connor: Holding or dictum?

SKILLS: READING CASESVotes & Holdings

Justice O’Connor Part II-B Rule Choice

What part of Shoe test addressing? What factors consider? How apply to Asahi? Why? Who joined?

Holding or Dictum?

TAKEAWAY

Skills: Strategic thinking “Thinking like a lawyer”

Structuring lawsuit Procedural rules interact

TAKEAWAYS

Skills: Reading Cases Understanding captions & methods of appellate

review Holding v. Dictum

Counting votes in split opinions need to do how to do

TAKEAWAYS

Black Letter Law International Shoe “subtests”

State interest (McGee) “Purposeful availment” (Hanson) Foreseeability (Hanson, WWVW) Fairness factors (WWVW, Asahi)

Plaintiff’s interest Defendant’s interest Forum state’s interest Interstate judicial system’s interest