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Civil Litigation I Parties & Jurisdiction Not that kind of party!

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Presentation on theme: "Civil Litigation I Parties & Jurisdiction Not that kind of party!"— Presentation transcript:

1 Civil Litigation I Parties & Jurisdiction Not that kind of party!

2 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

3 Parties To An Action  Plaintiffs, Defendants, Cross-plaintiffs and Cross-defendants  Individuals  Businesses  Corporations  Municipalities  Government agencies  Organizations

4 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

5 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.

6 What can go wrong, will…

7 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

8 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.

9 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.

10 Special Pleading Rules  Cross-complaint  Interpleader  Intervention  Class Actions

11 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).

12 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

13 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

14 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

15 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.

16 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.

17 Personal Jurisdiction  Judgment is not enforceable without personal jurisdiction  Must have jurisdiction over the person, business or property

18 Personal Jurisdiction Due Process Requirements  Requires fundamental fairness in judicial proceedings  Minimum contacts required

19 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.”

20 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

21 Venue  Venue is the geographic location  CCP §§ 395 - 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

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