Download Legal Agenda: Jurisdiction, Venue, Choice of Law, and Personal Jurisdiction and more Slides Civil procedure in PDF only on Docsity! Agenda for 16th Class • Name plates out • Appeals (continued) • German procedure • Introduction to Jurisdiction, Venue & Choice of Law • Writing assignments – Must complete all questions, otherwise • 1 for mandatory assignment • No credit for optional assignment – Must check email for updates/corrections Docsity.com 2 Next Class • FRCP 4(k), especially 4(k)(1)(A) • Yeazell, 79-89 • Questions to think about / Writing assignment – If the Supreme Court had not decided to change the rules in International Shoe, would jurisdiction have been proper under the prior rules? If your answer is “yes,” why do you think the Supreme Court changed the rules? If you answer is “no,” why was the outcome under the new rules better? – Yeazell pp. 86ff. Qs 1b, 3 • Optional: – Glannon pp. 3-8. Wait to do problems until have covered more cases – Glannon pp. 25-32. Wait to do problems until have covered more cases Docsity.com Langbein, “German Advantage…” • 1) Are you convinced that German civil procedure is better than American civil procedure? Why or why not? • 2) What aspects, if any, of German civil procedure do you think are superior to American civil procedure? Could we adopt them without changing other aspects of our procedure? • 3) What aspects of American procedure do you think are superior to German civil procedure? Could they adopt them without changing other aspects of their procedure? • 4) Do you think that US courts would need a larger or smaller number of judges if we were to adopt German civil procedure ? • 5) Do you think a bad judge has a bigger negative effect in Germany or the U.S.? • 6) Europeans are generally willing to pay higher taxes to fund higher quality public services. Can that help explain why Germany and the U.S. have different systems of civil procedure? Docsity.com Langbein, “German Advantage…” • Control of sequence • Discovery • Witnesses • Experts • Appellate review • Judicial career Docsity.com Jurisdiction & Venue • Jurisdiction. What court can hear the case? – Subject matter jurisdiction: Federal or state court? – Personal jurisdiction. Court in what state? • Primarily issue if case in state court • But FRCP 4(k)(1)(A) says that federal courts will generally apply state law rules – If more than one court can hear the case, plaintiff can generally choose among permissible choices • But sometimes cases can be moved from one court to another – Removal, Forum non conveniens, change of venue • Venue. Which court within a state? – LA Superior Court or SF superior court (State) – CD of California or SD of California (federal) Docsity.com
