Understanding Pleading and Personal Jurisdiction in US Law, Slides of Civil procedure

Download Understanding Pleading and Personal Jurisdiction in US Law and more Slides Civil procedure in PDF only on Docsity! WRAP-UP • Difference between personal jurisdiction and subject matter jurisdiction. • Constitutional basis for personal jurisdiction (can be narrowed by statute) • Historical shift in assertions personal jurisdiction allowed under law: from (a) jurisdiction based on the presence of a person or thing involved in litigation within the territorial boundaries of the forum or the consent of a party to (b) the basis of the minimum contacts with the state where suit is brought Docsity.com Long-Arm Statutes • What are these? Docsity.com PLEADING • Function of pleading • Kinds of pleadings • Requirements for complaint Docsity.com FRCP : standard for pleading • Notice Pleading - a liberal standard • Conley v. Gibson: “In appraising the sufficiency of the complaint, we follow, of course, the accepted rule that a complaint shall not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.” • 12(b)(6) motions: hard to succeed Docsity.com DRAFTING A COMPLAINT • Compare Eastman’s Kendrick Complaint with Complaint in in Carpenter v. Dee • How passionate or dramatic should a complaint be? • Is Professor Eastman correct when he states “it sure beats notice pleading”? Why or why not? • Who is the audience for a complaint? Docsity.com