Civil Procedure:

1. Academic Support: SKILLS Workshop Series Civil Procedure: Applying Test-Taking Skills to Substantive Law

2. Available online http://www.law.whittier.edu/ppt/CivProWorkshop.ppt

3. Overview of Workshop • Review/Reflection • Study Tools • Outlining • Clustering • Flowcharts • Flash Cards • Group Activities • Incorporating case law • Analysis (Facts+WHY)

4. Review/Reflection: • “Soft grades” vs. “Hard grades” • Purpose of 2nd Semester Workshop Series • Civil Procedure=1 semester, 1 shot Reflecting on Fall Exams

5. ASP can help you! 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. What skill do you most want to improve on?

6. Review/Reflection: Update Outline Adjust Outline PracticeExams/ ReviewSessions Read, brief, class notes Review Class notes for understanding Assess what you know Law School Study Cycle

7. Subject-Matter Jurisdiction (SMJ)? • Personal Jurisdiction (PJ)? • Venue? • Service of Process? • Notice/Pleadings? So what topics have you covered so far?

8. Study Tools: Outlining 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

9. Study Tools: Clustering • Right Ct? • Personal Jxn • SMJ • Venue • Learning About the Case • Service of Process • Pleadings • Discovery • Complex Cases • Joinder • Adjudication • Pretrial • Conferences • Trial • Appellate Review • Appeal • Preclusion • Res Judicata (Claim preclusion) • Collateral Estoppel (Issue Preclusion)

10. Study Tools: Hierarchy/Flowchart 5 factors Watch out for Erie!

11. 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. PJ 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 Long-Arm 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. Flashcards Min Contacts For a ct to have in personamjxn 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” Fairness Factors

12. 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 What Facts were relevant? Counter arguments?

13. Incorporating Case-law A How-To Guide

14. Step #1: Identify relevant cases for each issue Incorporating Case-law A How-To Guide

15. Specific Personal Jxn Cases: 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.

16. Step #1: Identify relevant cases for each issue Step #2: Include important facts, quotes and rules/reasoning Incorporating Case-law A How-To Guide

17. 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.

18. Step #1: Identify relevant cases for each issue Step #2: Include important facts, quotes and rules/reasoning Step #3: During the exam identify fact similarities and difference to the case – argument and counter argument Incorporating Case-law A How-To Guide

19. Example 1: ∆’s argument Looks like WWVW—couldn’t control the “unilateral activity of the product” “Mere foreseeablity” not enough ∏’s argument International Shoe—sold products in direction of the forum state because people often drive motorcycles across state lines 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?

20. Paul purchases an Audi S-5 from Keyes on Van Nuys. Keyes is one of the largest car dealerships on the west coastthat 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? Example 2: ∆’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

21. Activity What Facts Were Relevant? Counter Arguments?

22. 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

23. 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”

24. Facts Relevant to Minimum Contacts Facts Does no business in State X Dancois 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”

25. Facts Relevant to Fair Play & Substantial Justice Facts Accident occurred in State X Parties involved in accident from state X Dancois 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.

26. Recap • Review/Reflect/Adapt/Evolve • Pay attention to how the book/class is organized • Practice/Be Proactive • Law School Math Lesson: • Facts + WHY = A

27. ASP Office Hours

28. Section A: March 19th 12:30 to 1:30 Room TBA • Section B: March 19th 2:30 to 3:30 Room 12 • Section C: March 20th 12:00 to 1:00 Room 8 • Section E: March 22nd 5:00 to 6:00 Room 12 Next Workshop CONTRACTS