Presentation on theme: "Civil Litigation I Parties & Jurisdiction Not that kind of party!"— Presentation transcript:
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 Interest In 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 & 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 Jurisdiction 2.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 courts Superior Courts Small Claims Family 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 Publication In a newspaper
Venue Venue is the geographic location CCP §§ Proper venue for lawsuit defendant's county of residence where the accident or death occurred where the property lies local rules dictate which branch to file