1.

INTRO
a. PREVIEW OF JURISDICTION
i. Jurisdiction: power to declare law
ii. Personal Jurisdiction
Power of the court over this defendant
iii. Subject matter jurisdiction
Power of the court over this kind of case
iv.

Article III of U.S. Constitution

v. 28 USC 1331 Federal Question

vi. 28 USC 1332 Diversity of Citizenship, Amt. in controversy, costs
2. PENNOYER
Sufficient Contacts with the Forum
a) Like
Traditionally,jurisdictionoveraperson(orres)wasaconsequenceofthestatesphysicalpower
tocarryoutitsjudgment;i.e.,itwasbasedonthepowertoarrestthepersontoforcecompliance
withajudgment.Accordingly,theSupremeCourtupheldexercisesofjurisdictionwheneverthe
defendantwasservedwithprocesswithintheforumstate.
3. PERSONAL JURISDICTION
a. MECHANICS OF JURISDICTION
b. MODERN PJ
c. ABSORBING IN REM
d. SPECIFIC JURISDICTION
e. GENERAL JURISDICTION
f.

GENERAL TRANSIENT JURISDICTION

g. CONSENT AS SUBSTITUTE FOR POWER

4. CONSTITUTIONAL NOTICE
a. CONSTITUTIONAL NOTICE FORMULATION
b. RULE 4 AND SERVICE OF PROCESS
5. NON-CONSTITUTIONAL REQUIREMENTS
a. LONG ARM STATUTES
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b. VENUE
c. FORUM NON CONVENIENS
6. SUBJECT MATTER JURISDICTION
a. FEDERAL QUESTION
b. DIVERSITY
i. AMOUNT IN CONTROVERSY
c. SUPPLEMENTAL JURISDICTION
d. REMOVAL
7. CHOICE OF LAW
a. ERIE DOCTRINE
8. REMEDIES
a. TEMPORARY REMEDIES
i. FRCP 65
b. PROVISIONAL REMEDIES AND DUE PROCESS
9. RESPECT FOR JUDGMENTS
a. CLAIM PRECLUSION
i. IS THE DECISION FINAL
ii. IS THE JUDGMENT ON THE MERITS
iii. INTERJURISDICTIONAL ISSUES
b. ISSUE PRECLUSION
i. SAME ISSUES OF FACT OR LAW
ii. ACTUALLY LITIGATED AND DETERMINED
iii. ESSENTIAL TO THE JUDGMENT
iv. BETWEEN WHICH PARTIES
c. REPOSE: COLLATERAL ATTACK AND REOPENED JUDGMENTS
Collateral attack an attack on a judgment outside of the proceeding in which it was
entered. The usual intent of a collateral attack is to have the prior judgment overturned or
impeached.
i. FULL FAITH AND CREDIT AS BAR TO COLLATERAL ATTACK
(cb pg 779)

Common law claim and issue preclusion req. courts to heed the judgments of
courts w/in their jurisdiction. 28 USC 1738 requires federal courts full faith and
credit to state judgments.
Essentially, states must give full faith and credit to other states, federal must give
full faith and credit to state, and of course states must respect federal.
Claim and issue preclusion w/ full faith and credit create a strong web against
attack on judgment. (CB pg 779)
ii. THE REOPENED JUDGMENT
(CB pg 786)
Rule 60. Relief from a judgment or order
Rule 60(b) applies to ability to reopen a judgment, however under Rule 60(c) it
must be brought within a year.
However, if (b) doesnt apply because it is over a year, you need to go to Rule
60(d) which does not have any mention of time. Rule 60(d) requires gross
injustice. Remember c only applies to b, d allows an independent action.
10. JOINDER OF CLAIMS
1) Which joinder rule applies?
2) Does it allow joinder of a claim or a party?
3) Is there PJ over joined party?
4) Is there Federal SMJ over joined party or added claim?
Rule 18. Joinder of Claims
(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim
may join, as independent or alternative claims, as many claims as it has against an
opposing party.
*Not mandatory* a party may join But remember that claim preclusion may bar a claim that
is not joined.
a. BY PLAINTIFF
b. BY DEFENDANTS
i. COUNTERCLAIMS AND CROSSCLAIMS
Counterclaim
Compulsory counterclaim arises out of the same transaction or
occurrence as the present claim
Permissive counterclaim does not arise out of the present claim

Crossclaim a claim by a defendant against another defendant. This

must state that one defendant owes the other, not simply shifting blame
onto the other defendant. (In that case you would file an answer, not a
crossclaim)
11. JOINDER OF PARTIES
Joinder- uniting of several causes of action or parties in a single unit
a. PERMISSIVE JOINDER
Fed. R. Civ. P. 20 Permissive Joinder of Parties
Parties may join as Ps or be joined as Ds whenever:
i.
Claim arising out of same occurrence or transaction
ii.
Question of law or fact common to all parties
b. THIRD PARTY CLAIMS
Impleader a procedure by which a third party is brought into the lawsuit, especially by a
defendant that seeks to shift liability to someone not sued by the plaintiff
Third-party complaint a complaint filed by one defendant against a third party, alleging
that the third party may be liable for some or all of the damages that the plaintiff is trying
to recover from the defendant
c. MORE COMPLEX JOINDER

d. COMPULSORY JOINDER
Occurs when P must join all interested parties. Fed. R. Civ. P. 19 shows 3 step process:
(i)

(ii)

(iii)

Should the absentee be joined?

a. Complete relief cannot be given to other parties w/o absent party
being included
b. Absent party has such an interest that a decision made w/o them
will
i. impede their ability to protect their interest; or
ii. leave any of the other parties subject to a substantial risk
of incurring multiple or inconsistent obligations
Can the absentee be joined?
a. Whether the court has personal jurisdiction and will still have
subject matter jurisdiction over joined party. If the court has PJ
over the absent party, and his joinder will not destroy diversity or
venue, he must be joined.
i. 28 U.S.C. section 1367 does not permit supplemental
jurisdiction over claims by or against parties joined
under Rule 19, so joinder of a party who would destroy
diversity is not possible under the compulsory joinder
rules.
If not, should the action proceed in his absence (i.e., is the absentee
indispensable)?
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a. If the party cannot be joined, the court must determine whether

in equity and good conscience the action can proceed, or should
be dismissed b/c the party not being joined is indispensable
e. INTERVENTION
f.

INTERPLEADER