PA110PA110Civil Litigation ICivil Litigation I

Unit 2 Seminar Slides

Instructor: Brian Craig

Unit 1 Follow Up/Unit 2 Graded Items

Unit 2 Graded Items:

Seminar

Discussion

Unit 2 Assignment

Unit 2 Quiz

Deadline: 11:59 PM ET, Tuesday, Oct. 2

Unit 2 Discussion Board

Assignments:Beer Truck Driver: first letter in your last name is A-MPolice Officer: first letter in your last name is N-Z

Minimum expectations: Post at three questions for initial response in assigned topic and then respond to at least two other students.

Instructor will be team leader and compile questions for each group (in lieu of team leader).

I will post responses to the list of final questions by Monday. You can then ask follow up questions.

Use open ended questions (starting with who, what, where, why when, and how) and not close ended questions

Unit 2 Quiz

Time limit: 45 minutes

10 questions – each question worth 2 points (total: 20 points)

Based on content from Unit 2 Reading and Unit 2 Seminar

Unit 2 Assignment

Draft a letter to Justin King for follow-up interview

Unit 2 AssignmentPossible organization:

Paragraph 1: Purpose of the correspondence

Explain purpose of follow up interview and urgency

Paragraph 2: Documents needed from Justin King

Describe two or more specific documents needed from Justin King

Paragraph 3: Specific follow up questions for Justin King

Include two or more specific follow up questions

Paragraph 4: Closing

Business Letters

Include date at the top (date format: June 15, 2011)

Use single spaced lines

Use a colon in the introduction/salutation

(e.g. “Dear Mr. King:” not “Dear Mr. King,”)

Length: 1-2 pages is sufficient

Unit 2 Assignment

Inside address: You can find Justin King’s address in Section A of the Initial Client Interview Form. You do not need to enter a zip code.

Signature: You can use your name and the title “paralegal” in the signature line. In lieu of the signature you can type /s/ Firstname Lastname (e.g. “/s/ Jane Doe”).

Jurisdiction

Jurisdiction: power of the court to decide a particular case

(court’s authority)

How does jurisdiction relate to the Justin King case? 

Should the case be filed in state court in Missouri, or perhaps Illinois where the accident occurred?

Courts of General Jurisdiction

Courts of general jurisdiction are often called district courts, superior courts, or circuit courts.

Federal: U.S. District CourtIllinois State: Circuit CourtNew York: Supreme CourtCalifornia: Superior CourtMinnesota: District Court

Courts of Specialized Jurisdiction

Some courts of specialized jurisdiction exist.

State Courts: probate, tax, traffic, juvenile, and, in some cities, drug courts

Federal: bankruptcy court

Federal Court Jurisdiction

Need both personal jurisdiction AND subject matter jurisdiction

Personal Jurisdictionjurisdiction over the “person”minimum contacts testcan waived either intentionally or inadvertently

Subject Matter Jurisdiction

Personal Jurisdiction

Ways to Challenge Personal Jurisdiction:

1. raise the issue in the answer;

2. raise the issue by motion;

AND

3. personally appear in court to make the challenge (special appearance)

Subject Matter Jurisdiction in Federal Courts

diversity of citizenship OR federal question jurisdiction

Diversity of CitizenshipControversy between citizens of 2 of more different states AND amount above $75,000

Courts looks to the parties’ citizenship at the time of the occurrence that gave rise to the action

Federal Question JurisdictionArising under a federal statute or constitutional provision

Federal Court Jurisdiction in King Case

Federal Question JurisdictionArising under federal statute or U.S. Constitution

Diversity of CitizenshipCorporations: citizen of 1) state of incorporation; and

2) state of principal place of business

King is a citizen of what state?Beer company, Anheuser-Busch, has its principal

place of business in Missouri

State Court Jurisdiction

Jurisdiction extends basically any type of case that does not fall within the exclusive jurisdiction of the federal courts

Common law courts (authority to create law if it does not yet exist by statute)

State Court Jurisdiction: Examples

Tort and personal injury (e.g. negligence)Contract law ProbateFamily LawSale of GoodsReal Property

Venue

Proper geographic area to hear the case

Physical location of the courthouse in which the case is tried.

Example: particular county

Different than jurisdiction

Motion to transfer venue

Further Reading

See link in webiography for Understanding Federal and State Court Jurisdiction (U.S. Courts website)

Unit 3 AssignmentAssignment: Draft a complaint in the Justin King scenario

See links in webliography for more sample complaints

Components in Complaint

Case caption Title of the pleading Short introduction: "Comes Now…”Parties Jurisdiction and Venue Allegations or Statement of FactsCauses of ActionDamagesJury DemandPrayer for ReliefDateAttorney Information

Witnesses

A witness may use his or her statement to refresh his or her own recollection when preparing for trial.

A statement made under oath can be used to impeach the witness if the witness changes his or her version of the facts

Impeachment: used during cross-examination

Demonstrative Evidence

Demonstrative evidence:Evidence other than testimony that is presented during the trial

Actual evidence:example: hammer in a civil battery case

Illustrative evidence:example: even if the skid marks from

automobile are gone, good photographs of the accident location may be used