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Civ Pro Overview Individuals can prosecute their cases themselvespro per or pro se.

Clients make the decisions and lawyers are responsible for tactics. 1-5 53-55 Pg 55-71 The Constitutional framework for U.S Litigation A. Approaching Civil Procedure Top down vs bottom up Lawyers must understand both approaches. Top Down-begins with constitutional environment in which the individual lawsuit exists. Studying the history of the constitution. And how the court conducted its business. And limits to litigants. The Bottom up-(process of litigation) starts with individual law suit. How they start their grievancesemphasizes features and problems of the contemporary procedural system studying the process of litigation. B. Constitutional limits in litigation Constitution shapes litigation and would be unconstitutional if it were one court system for all of US. 1. The idea of Jurisdiction In order to deal with issue, must be in a court under the jurisdiction because they have the power to settle it. Jurisdiction-Power to declare the law. Lawyers in a narrower sense coin judicial jurisdiction courts renders judgment that other courts and govt agencies will recognize and enforce. 2. Jurisdiction and the constitution Must differentiate the difference between Legislative Jurisdiction Judicial Jurisdiction Personal Jurisdiction-power of this court over this D Subject Matter Jurisdiction-power of this kind of case. (federal) Court must have Both personal and subject matter to render a valid judgment. Courts look at constitution for framework for judicial jurisdiciton, not single plenary power(complete authority)

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3 parts of constitution bear on jurisdiction Article III establishes of the system of fed courts And section 2 sets the limits of fed judicial authority Article IV ( every state has to Full faith and credit) enforces judgment by one state rendered by another. (implemented by state legislature). important unstated condition though---can enforce only if court had jurisdiction to do so. 1. Section 1 of 14th amendment no state shall deprive any person, of life, liberty, or property w/o due process clause (personal jurisdiction part of constitution) 3 the constitution and Choice of Law

3rd way constitution shapes u.s litigation 2 ways constitution dictates which set of laws a court must apply to a dispute. #1. Article VI states that constitution and fed laws shall be the supreme law of the land, and the judges in every state shall be bound thereby any thing in the constitution or laws of any state to the contrary notwithstanding. (Supremacy Clause) The law must be enforced if congress enacts statute even if it is contrary to state or fed law. #2. Fed court must respect both state and common law rules of several states. Issue with deciding what law to use, Cali or Ill. Erie Doctrine.

Chapter 2. Personal Jurisdiction A. Origins Begins with the Pennoyer v. Neff case. P wins, and D refused to pay. Now the p must obtain of writ of execution from the court. Authorizes sheriff to seize any property belonging to D, and sell it through auction. When sold the sheriff gives the buyer a sheriffs deed as evidence of title. Constructive notice-means fictional or pretend. What if you cant find the Defendant. Put information in news paper(fine columns which no one reads) Its constructive because its highly unlikely that the D will see it.

Attachment(legal term for an officially sanctioned seizure of property other times it means posting notices on property or on records of title so that prospective buyers know it cannot be sold. Pennoyer v. Neff 1877 US Facts: 2 law suits 1st suit due to unpaid legal fee, Neff hired Mitchell a lawyer for legal services who was living and practicing in Oregon; the fee was $300, which Neff failed to pay. Subsequently, Mitchell, sued him in that state court. Neff was a non resident of state at time of suit and was not served with process, and he didnt appear* (no proper summons) didnt come to court or protest. Default judgment was entered because he didnt show upon constructive service of summons by publication. Neff had 300 acres of land worth $15,000 in Oregon from the fed govt and to satisfy the judgment, Mitchell had a sheriff seize and sell the land. (PENNOYER bought it) and received a sheriffs deed as evidence of title. Then the sheriff gave the proceeds to Mitchell. Then Neff appeared and realized what happened to his land and Brought the 2nd suit against Pennoyer. Procedure: P is suing D to recover the possession of the tract of land. Neff pointed to original title and Pennoyer pointed to sheriff deed. Issue: Whether the first law suits judgment and the sheriffs sale had extinguished Neffs title? Law: The code of Oregon states, for constructive service when an action is brought against a non-resident and absent defendant, who has property within the State. Also, where the action is for recovery of money or damages, for the attachment of the property of the non resident Also, no natural person is subject to the jurisdiction of the court of the state unless, he appear in the court, or be found within the state, or be a resident thereof, or have property therein; and in the last case only to the extent of such property at the time the jurisdiction attached. (If non apply then the court has no authority) ANY ATTEMPT would be an illegitimate assumption of power! The court said that there was no levy on the property because there was no service of process or his appearance. (other court thought there was an Issue with affidavit( publication)-written declaration)

Disagreements with the court: Reasoning: No person is required to answer in a suit on whom process has not been served or whose property has not been attached. In this case there were no personal notice, nor an attachment or any other proceeding against the land until after judgment. Judgment is therefore nullities, and did not authorize the execution on which the land was sold. Many courts tried to enforce these types of judgments under the provision=Full faith and credit shall be given in each state to the public acts, records, and judicial proceeding of every state. (if judgment was given in one state, then the other states would comply w/o question) now the court must have jurisdiction over Now since 14 amendmenttheir validity will be questioned and may be resisted(no due process of law. LAW: personal liability of d must be determined by bringing him under the jurisdiction by service within the state or voluntary appearance. Difference in jurisdiction. rem. (power of property) Court in the same state of property could enter judgment disposing of property by seizing it after outset of law suit or personam (power over the person) non-resident must be personally served. Holding: Judgment affirmed *Principles of public law 2 of them. Created by constitution. every state has sovereignty over persons and property within their territory. They can choose how to govern their state. No state can exercise direct jurisdiction and authority over persons or property w/o its territory. A state can adjudicate a non-resident who owns property within its territory on the demand of one of their citizens. If judgments w/o personal service were upheld, it would be of fraud and oppression.