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Introduction/Civil procedure. Federal law, state statutory law & common law.

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Presentation on theme: "Introduction/Civil procedure. Federal law, state statutory law & common law."— Presentation transcript:

1 Introduction/Civil procedure

2 Federal law, state statutory law & 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) Sale of Goods: State law (uniform)+ Federal (regulation of interstate & foreign commerce) Business Associations: State (most aspects) & federal Law (public corporations & securities) Torts: State (common) law Choice of Law: Federal

5 The Federal Court System United States Supreme Court 13 Circuit Courts 94 District Courts

6 Subject Matter Jurisdiction Federal Jurisdiction: 1) Federal questions (concurrent w/ state courts) 2) Diversity suits 3) Supplemental jurisdiction (federal & state law claims) State jurisdiction: All other matters Concurrent jurisdiction with 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 Specific jurisdiction: 1) transacts business in the state/contract outside NY to supply goods and services in NY 2) commits a tortious act in the state 3) commits a tortious act outside the state which causes harm in NY AND A) solicits business or gets revenue from NY OR B) should have expected the act to have consequences in the state OR C) owns property in NY In rem jurisdiction

11 Forum non conveniens-doctrine Correct but non-convenient forum: Where are witnesses located? Evidence? Parties? Language of evidence? Reliable court system (due process/fair trial)?

12 Procedural aspects Judgment on the pleadings: 1) no outside evidence is introduced 2) no factual disputes Summary judgment: Fed. R. Civ. P. 12 (b) 6 1) outside evidence may be introduced 2) discovery must be completed 3) no (jury) trial 4) no factual disputes

13 Special issues Class Action Suits 1) a number of plaintiffs 2) similar facts 3) represents adequately the class (typical claim, protects others) Derivative Suits (any shareholder in a US corporation can bring a suit on behalf of the corporation) The American Rule (split attorney fees) Contingency Fees (prohibited in Swedish law)


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