Due Process Requirements

I. Personal Jursidiction
1. A In Personam
2. C In Rem
3. B Quasi In Rem
4. 1. State Statute Analysis
  1. 2. Constitutional Analysis
5. II. Notice
  1. A. Service of Process
  2. B. Constitutional Standard
  3. III. Subject Matter Juridiction
    1. * Every claim that enters federal court must meet this through A, B, or C
      1. A. Diversity of Citizenship
        1332
        Diversity Requirements
        Amount in Controversy
      2. B. Federal Question
        Well-Pleaded Complaint
      3. C. Supplemental Jurisdiction -
      4. D. Removal
        Exception with D from forum state when claim is based on diversity
        1441
        1446
        1447
    2. IV. Venue
      1. Tells you WHICH federal court is appropriate
      2. A. Plaintiff's Choices
      3. V. The Erie Doctrine
        Generally only for diversity cases
        Does Federal Judge have to follow state law?
        IV. Pleading
        A. Complaint
        Rule 8
        Rule 9(b)
        Twombly & Iqbal
        B. D's response
        1. Motion
        Rule 12
        Rule 12(b) - Defenses - Motions to Dismiss
        Rule 12(e) - Motion for More Definite Statement
        Rule 12(f) - Motion to Strike (parts of the complaint)
        2. Answer
        1. Must respond by confirming, denying or insufficient evidence to each part of complaint:
        Insufficient Information
        Rule 8(b)(5)
        2. Raise Affirmative Defenses
        Rule 8(C)(1)
        IIV. Joinder
        A. Claim Joinder by P
        Rule 18(a)
        B. Claim Joinder by D
        1. Counter Claim
        13(a)(1) - Compulsory
        13(b) - Permissive
        2. Cross Claim
        13(g)
        C. Proper Parties
        Rule 20(a)
        D. Requires Parties
        Rule 19
        Rule 12(b)(7)
        !!! Assess each new claim for SMJ
        E. Impleader
        3rd may be liable for indemnity or contribution of P's claim
        F. Intervention
        Rule 24
        G. Class Actions
        Rule 23
        VII. Discovery
        A. Rule 26 - Disclosures
        B. Discovery Tools
        1. Depositions
        Rule 30
        Rule 32
        2. Interrogatories
        Rule 33
        3. Request to Produce
        Rule 34
        4. Medical Exam
        Rule 35
        C. Scope of Discovery
        IX. Pretrial Adjudication
        A. Failure to State a Claim 12(b)(6)
        B. Summary Judgment - Rule 56(a)
      4. B. Transfer
      5. C. Forum Non Conveniens
    3. Tells you IF federal court is appropriate

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Due Process Requirements

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	Created by caitlynbingaman2 about 11 years ago