Please enable JavaScript.

Coggle requires JavaScript to display documents.

Civ Pro (bar) - Coggle Diagram

- - - - D may implead a TPD only if TPD is or may be liable for all or part of D's liability to P
- - - - constitutional
        
        contacts
        
        must be sufficient contacts with forum state to be fair and reasonable. D must know that her activities in forum state is enough
        
        relatedness
        
        P's claim must be related to D's contact with forum state
        
        Specific J
        
        P's claim must be related to D's contact with forum state
        
        General J
        
        all causes of action--domicile/ at home
        
        fairness
        
        must not offend traditional notions of fair play and substantial justice
      - statutorily authorized
        
        D's presence in forum state with proper
        
        D's domicile in formum state
        
        D consents to PJ
        
        State's long arm statute provides a basis for J
  - - - Erie doctrine
        
        federal procedure law applies; state substantive law applies (only applies to diversity cases)
        
        Is there a fed rule or directive on point which is arguably procedural?
        
        yes--apply fed law
        
        no--apply fed law for procedural matters, and state law for substantive matters
        
        Is it substantive?
        
        outcome determinative test: does it substantially affect outcome? if so it is substantive
        
        balance of interest: if the state has the greater interest it is substantive
        
        forum shopping deterrence: if failing to apply state law would increase litigation in fed court the issue is substantive
        
        substantive issues: statute of limitations, rules for tolling statutes of limitations, choice of law rules, elements of a claim or defense
      - Need to have (1) complete diversity and (2) amount in controversy (more than 75000)
        
        aggregation is allowed only if the D are jointly liable
    - - existence of a Defense based on federal law will not create FQ
    - - if a P has both fed and state claims, the court can exercise SJ over state law claim if the state law claim and the fed claim derive from a nucleus of operative facts (CNOF)
      - Must have at least one FQ