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

“Soft grades” vs. “Hard grades”

Purpose of 2nd Semester Workshop

Series

Civil Procedure=1 semester, 1 shot

Review/Reflection:

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?

Law School Study Cycle

Practice Exams/ Review Sessions

Review Class notes for

understanding

Adjust Outline

Assess what you

know

Update Outline

Read, brief, class notes

Review/Reflection:

So what topics have you

covered so far?

• Subject-Matter Jurisdiction

(SMJ)?

• Personal Jurisdiction (PJ)?

• Venue?

• Service of Process?

• Notice/Pleadings?

• 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

2. Learning About the Case

a) Service of Process

b) Pleadings

c) Discovery

3. Complex Cases

a) Joinder

4. Adjudication

a) Pretrial

b) Conferences

c) Trial

5. Appellate Review

a) Appeal

6. Preclusion

a) Res Judicata (Claim

preclusion)

b) Collateral Estoppel

(Issue Preclusion)

Study Tools:

Hierarchy/Flowchart Study Tools:

Watch out

for Erie!

5 factors

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”

Flashcards

Study Tools: 1) Long arm—can be “laundry-

list” 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.

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.

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

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

International Shoe—sold shoes in the forum or

in direction of forum.

McGee—One client, frequent mailings, enough for

min. contacts.

WWVW—Car sold by ∆ driven into forum state.

Asahi—∆ sent products into CA, knowing they

would be sold there.

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

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

WWVW—Car sold by ∆ driven into forum state.

• The ∆s conduct and connection with

the forum state are such that he should

reasonably anticipate being haled into

ct there

• “Mere foreseeability not enough.”

• Look for “unilateral activity”/control of

the product

Asahi—∆ sent products into CA, knowing they

would be sold there.

• 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.

Burger King—Choice of law provision in

K—says use FL law in MI ct.

• Need “compelling reason” to deny jxn

based on the “balance of convenience”

i.e. the convenience factors.

Specific Personal Jxn Cases:

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

∏’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

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

• Looks like WWVW—couldn’t control the “unilateral activity of the product”

• “Mere foreseeablity” not enough

Facts Relevant to Long-Arm

Statute

Facts

• Courts may exercise

jurisdiction over

nonresidents on “any

basis non inconsistent

with the Constitution of

the US”

+WHY

PJ is proper if Minimum

Contacts and Fair Play and

Substantial Justice are met

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

• Does no business in

State X

• Danco is incorporated in

State Y and has PPB in

State Z (adjacent to X).

+WHY

• WWVW mere

foreseeability of car

driving there enough?

• Advertised for the “Tri-

State Area.” States X, Y, Z

are located near each

other so could be “Tri-

State 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 =

Monday Tuesday Thursday

Prof. Homer 9:00-11:00am

2:00-5:00pm

9:00am-

12:00pm

9:00-11:00am

2:00-5:00pm

Prof.

Dombrow

10:00-11:00am

2:00pm-6:00pm

in the library

9:00am-

12:00pm

9:00-11:00am

2:00-5:00pm

Prof. Gutterud 8:00-11:00am

2:00pm-4:00pm

9:00am-

12:00pm

9:00am-

12:00pm

2:00-6:00pm in

the library

ASP Office Hours