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Introduction /Civil procedure

Introduction /Civil procedure. Federal law , state statutory law & common law. Erie R. Co. v. Tompkins. 1) Facts of the case 2) Legal question 3) Conclusion What is the legal rule for future cases?. Federal & S tate Law. Contracts : State law (uniform )

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Introduction /Civil procedure

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  1. Introduction/Civil procedure

  2. Federal law, statestatutorylaw & common law
  3. Erie R. Co. v. Tompkins 1) Facts of the case 2) Legal question 3) Conclusion What is the legal rule for future cases?
  4. Federal & State Law Contracts: State law(uniform) SaleofGoods: State law(uniform)+ Federal (regulationofinterstate & foreigncommerce) Business Associations: State (mostaspects) & federal Law (public corporations & securities) Torts: State (common) law Choice ofLaw: Federal
  5. The Federal Court System
  6. SubjectMatterJurisdiction Federal Jurisdiction: 1) Federal questions (concurrent w/ statecourts) 2) Diversitysuits 3) Supplementaljurisdiction (federal & statelawclaims) State jurisdiction: All othermatters Concurrentjurisdictionwith federal courts
  7. In personam jurisdiction General jurisdiction: 1) Physical presence in New York (not fraud/another hearing) 2) Doing business in New York (domestic corporations, licensed foreign corporations) 3) Domiciled in New York (incorporation/ principal place of business) 4) Consentual jurisdiction (forum selection clause)
  8. International Shoe Co. v. State of Washington (minimum contacts) 1) Facts of the case 2) Legal question 3) Conclusion What is the legal rule for future cases?
  9. Swedish Match-case 1) Facts of the case 2) Legal question 3) Conclusion What is the legal rule for future cases? What is the difference between “doing business in NY” and “transaction of business in NY”? When does the statute of limitations start to run?
  10. New York Long Arm Statute Specificjurisdiction: 1) transactsbusiness in the state/contractoutside NY tosupplygoods and services in NY 2) commitsa tortiousact in the state 3) commitsa tortiousactoutside the statewhichcauses harm in NY AND A) solicits business or gets revenue from NY OR B) shouldhaveexpected the acttohaveconsequences in the state OR C) ownsproperty in NY In rem jurisdiction
  11. Forum non conveniens-doctrine Correctbut non-convenient forum: Wherearewitnesseslocated? Evidence? Parties? Languageofevidence? Reliablecourt system (due process/fair trial)?
  12. Proceduralaspects Judgment on the pleadings: 1) no outsideevidence is introduced 2) no factualdisputes Summaryjudgment: Fed. R. Civ. P. 12 (b) 6 1) outsideevidencemay be introduced 2) discovery must be completed 3) no (jury) trial 4) no factualdisputes
  13. Special issues Class Action Suits 1) a numberofplaintiffs 2) similarfacts 3) representsadequately the class (typicalclaim, protectsothers) DerivativeSuits (anyshareholder in a US corporationcanbring a suit on behalfof the corporation) The AmericanRule (split attorneyfees) ContingencyFees (prohibited in Swedish law)
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