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Civil Litigation I
Parties & Jurisdiction
Not that kind of party!
OBJECTIVES
Today we will learn: Who can be a party to a lawsuit How parties can joined into a lawsuit What is required for a Plaintiff to bring
suit The types of jurisdiction The definition of Service of Process
Parties To An Action
Plaintiffs, Defendants, Cross-plaintiffs and Cross-defendants Individuals Businesses Corporations Municipalities Government agencies Organizations
Joinder of Parties And Claims
Real Party in Interest Code of Civ Pro §367 states: “an action
must be brought in the name of the real party in interest."
The party who has the right that the lawsuit seeks to enforce
Real Party In InterestIn some cases parties can legally substitute for the real party in interest
Assignment - claim transferred to another person
Subrogation - π turns over his/her rights to sue to a third party (insurance △company) to obtain payment from defendant after third party has paid plaintiff.
What can go wrong, will…
Capacity to Sue An incompetent person cannot sue
a minor (under 18 years of age) Mentally incompetent
Guardian Ad Litem must be appointed to sue on their behalf
Required Joinder of Parties
CCP §§ 378, 379 & 389 Parties must be joined in the lawsuit if
their presence is required to grant "complete relief."
Sometimes parties cannot be joined due to jurisdiction or service problems
Parties not brought into a lawsuit can "intervene" to be become a party to the lawsuit.
Permissive Joinder of Parties
CCP §§378 & 379 - joining of plaintiffs Law and facts must be common to all
parties Where it would be sensible to have the
party join.
Special Pleading Rules
Cross-complaint Interpleader Intervention Class Actions
Jurisdiction
All cases must have two types of jurisdiction for the court to hear their case:1. Subject Matter Jurisdiction2. Personal Jurisdiction
In addition, the lawsuit must be filed in the correct venue (geographic location).
Subject Matter Jurisdiction
Definition: The power of the court to hear particular cases
Jurisdiction of state courtsSuperior Courts Small ClaimsFamily Law Juvenile Courts
Federal Court Jurisdiction
Federal Question○ Matters of federal law, treaties or
constitutional issues
Diversity of Citizenship○ Citizens of different states or countries○ Claims of more than $75,000.00
Removal Removal of a case from state court to
federal court. Defendant may ask court to transfer
case from state court to federal court after lawsuit has been filed in state court if there is federal jurisdiction
Concurrent Jurisdiction
A case can have jurisdiction concurrently in both state court and federal court if it is a diversity case.
In diversity cases, state law will be applied to the case.
Personal Jurisdiction
Definition: The power of the court to bring a defendant before it and make a decision binding on it.
Courts must have both subject matter jurisdiction and personal jurisdiction to hear a case.
Personal Jurisdiction
Judgment is not enforceable without personal jurisdiction
Must have jurisdiction over the person, business or property
Personal Jurisdiction
Due Process Requirements Requires fundamental fairness in judicial
proceedings Minimum contacts required
Service of Process
The law requires that certain legal documents be “served” or delivered in a certain manner.
Delivery of the lawsuit to the defendant must be hand delivered.
This is called “personal service.”
Exceptions to Personal Service
Complaint can be left with an adult at the defendant's residence or place of business and follow up by mailing.
Notice of Acknowledgement and Receipt – sent to defendant’s attorney (mostly for businesses)
Service by PublicationIn a newspaper
Venue Venue is the geographic location CCP §§ 395 - Proper venue for lawsuit
defendant's county of residencewhere the accident or death occurredwhere the property lies
local rules dictate which branch to file
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