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:
•
•
Make your OWN outline!
2 Helpful Hints
•
•
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
•
•
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.
•
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.
•
Business benefits substantial enough to
assert PJ
would be sold there.
•
•
•
WWVW—Car sold by ∆ driven into forum state.
•
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.
•
•
•
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
•
International Shoe—sold products
in direction of the forum state
because people often drive
motorcycles across state lines
∆’s argument
•
•
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
•
∆’s argument
•
•
Looks like WWVW—couldn’t
control the “unilateral activity of
the product”
“Mere foreseeablity” not enough
Facts Relevant to Long-Arm
Statute
Facts
•
+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
•
•
•
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
•
•
•
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
•
•
•
Does no business in
State X
Danco is incorporated in
State Y and has PPB in
State Z (adjacent to X).
•
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
•
•
•
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
•
•
•
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 =
Prof. Homer
Prof.
Dombrow
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