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Course Work: Lawsuits
OverView
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📽 Understanding the Structure of a Lawsuit: Know Your Legal Steps
Lawsuits Overview
Topics in order:
E-filing online
Waiving Fees
Researching Case Law
Mediation and Arbitration
Process (Lawsuit) Server
Legal Standing
Statutes of Limitation
Difference Between Federal and State Court
Witnesses and Exhibit List
Discovery Stage
Taking Depositions
Interrogatories
Request for Admission
Request for Production
Courtroom Players
Roles of the Judge and Jury
Recusal of Judges
Court Reporter
Oral Arguments
Trial
Motions for Summary Judgments
Default Judgements
Money Judgements
Deficiency Judgement
Summary Judgement
Writ of Prohibition
Writ of Garnishment
Settlement
Res Judicata
Vacating a Court Order
🔍 Lawsuit Stages:
1. Filing the Complaint 📜: The lawsuit initiates when the plaintiff files a complaint with the court. This document details the allegations, legal reasons for the lawsuit, and the desired relief or damages.
2. Serving the Defendant 📬: The defendant must be formally notified of the lawsuit through a legal process called service of process. They receive a copy of the complaint and a summons to appear in court.
3. Defendant's Response 🛡: The defendant responds to the complaint by filing an answer, which addresses each allegation. They can also file counterclaims against the plaintiff.
4. Discovery Phase 🔍: Both parties engage in the discovery process, where they exchange evidence, take depositions, and gather pertinent information to build their cases. This phase can involve interrogatories, requests for documents, and other discovery tools.
5. Pre-Trial Motions 📑: Before the trial, both parties may file various motions to resolve procedural issues or even dismiss parts of the case. Common motions include summary judgment motions and motions to dismiss.
6. Settlement Discussions 🤝: Often, parties will attempt to settle the lawsuit out of court to avoid the uncertainties of a trial. Settlement negotiations can happen at any stage in the process.
7. Trial 🏛: If the case does not settle, it proceeds to trial, where both sides present their evidence and arguments. The trial can be conducted before a judge (bench trial) or a jury (jury trial).
8. Verdict and Judgment ⚖️: Following the trial, a verdict is rendered. If either party disagrees with the outcome, they may appeal the decision.
9. Post-Trial Motions and Appeals 📝: After the verdict, the losing party can file post-trial motions or appeals to challenge the decision. This can extend the lawsuit significantly.
📚 Why Understanding This Matters:
- Empowered Decision-Making 🧠: Knowing the structure of a lawsuit helps you make informed decisions and understand each step of the legal process.
- Preparation and Strategy 🗂: Being aware of what to expect allows for better preparation and strategizing to present a strong case.
- Navigating Legal Hurdles 🚧: Understanding each phase helps in anticipating potential legal challenges and navigating them effectively.
Drafting Lawsuits
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Sections in order:
00:00 - Drafting Lawsuit Person 1
12:09 - Drafting Lawsuit Person 2
20:14 - Drafting Lawsuit Person 3
33:38 - Drafting Lawsuit Person 4
59:31 - File Lawsuit against judges, officers and courts
Jurisdiction (Advanced)
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Jurisdiction and Venue:
00:28 Overview of Jurisdiction and Venue
04:08 - Requirements for a Court to Hear and Decide a Case
04:53 - Overview of Subject-Matter Jurisdiction
06:17 - Overview of Federal Question Jurisdiction
08:06 - Overview of Diversity Jurisdiction
11:32 - Overview of Personal Jurisdiction
15:29 - Subject Matter Jurisdiction:
Requirements for a Court to Hear and Decide a Case
Subject-Matter Jurisdiction Generally
Subject-Matter Jurisdiction as a Requirement
Waiver Rules
Limited Jurisdiction vs. General Jurisdiction
State Subject-Matter Jurisdiction
Concurrent vs. Exclusive Subject-Matter Jurisdiction
Visualizing Subject-Matter Jurisdiction at Federal & State Level
Conclusion & Test-Taking Strategy
37:04 - Federal Question Jurisdiction
Requirements for a Court to Hear and Decide a Case
How a Federal Court Obtains Subject-Matter Jurisdiction
Components of Federal Question Jurisdiction
Constitutional Component (Article III, § 2)
Osborn v. Bank of the United States, 22 U.S. 738 (1824)
Statutory Component (28 U.S.C. § 1331)
"Arise Under" Federal Law Requirement
Well-Pleaded Complaint Rule
Louisville & Nashville R.R. Company v. Mottley, 211 U.S. 149 (1908)
Defendant's Response is Irrelevant
Significance Rule
Creation Test
Grable Test
Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804 (1986)
Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308 (2005)
1:15:11 - Diversity Jurisdiction
Requirements for a Court to Hear and Decide a Case
How a Federal Court Obtains Subject-Matter Jurisdiction
Diversity Jurisdiction Under 28 U.S.C. § 1332
Practice Problem 1.0
Practice Problem 1.1
Complete Diversity Under 28 U.S.C. § 1332(a)
Timing Issues in the Diversity Analysis
Complete Diversity Under 28 U.S.C. § 1332(a)(1)
Complete Diversity Under 28 U.S.C. § 1332(a)(2)
Practice Problem 2.0
Practice Problem 2.1
Complete Diversity Under 28 U.S.C. § 1332(a)(3)
Practice Problem 3.0
Complete Diversity Under 28 U.S.C. § 1332(a)(4)
Determining Citizenship of the Parties
Determining Citizenship: Individuals ("Natural Persons")
Determining Citizenship: Corporations
"Nerve Center" Test (Hertz Corp. v. Friend, 559 U.S. 77 (2010))
2:18:18 - Diversity Jurisdiction 2
Requirements for a Court to Hear and Decide a Case
How a Federal Court Obtains Subject-Matter Jurisdiction
Diversity Jurisdiction Under 28 U.S.C. § 1332
Amount in Controversy Requirement Overview
Exclusion of Interests and Costs
Legal Certainty Test
Actions for Equitable Relief
Practice Problem 1.0
Aggregation of Claims
Determining Whether Claims can be Aggregated
Single P Joins Multiple Claims Against Single D
Multiple Parties Joined on 1 or More Claims
Practice Problem 2.0
Practice Problem 3.0
Practice Problem 4.0
Defendant Counterclaims Against Plaintiff
3:14:15 - Supplemental Jurisdiction
Requirements for a Court to Hear and Decide a Case
How a Federal Court Obtains Subject-Matter Jurisdiction
Supplemental Jurisdiction Under 28 U.S.C. § 1367
3-Step Approach (§ 1367(a)-(c))
Step 1: § 1367(a) — Qualifying for Supplemental Jurisdiction
"Common Nucleus of Operative Fact" Test
Practice Problem 1.0
Practice Problem 2.0
"Same Transaction or Occurrence" Test
Practice Problem 3.0
Step 2: § 1367(b) — Legislative Intent
Understanding the Purpose of § 1367(b)
Step 2: § 1367(b) — Disqualifications
4:36:11 - Removal
Requirements for a Court to Hear and Decide a Case
How a Federal Court Obtains Subject-Matter Jurisdiction
Removal Under 28 U.S.C. § 1441
Practice Problem 1.0
Only Defendants Can Exercise Removal
Practice Problem 2.0
Consent when Multiple Defendants are Involved
30-Day Requirement
Murphy Brothers, Inc. v. Michetti Pipe Stringing, 526 U.S. 344 (1999)
30-Day Requirement and Consent
Non-Removable Action Becomes Removable
Removal Based on Diversity
"Home Court" Rule (28 U.S.C. § 1441(b)(2))
Practice Problem 3.0
One-Year Limitation (28 U.S.C. § 1446(c))
Pandemic?
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📽 Dr. David E. Martin: On Coercion in Medical Practices and Protecting Our Rights 📽
🔍 Who is Dr. David E. Martin?
Dr. David E. Martin is a prominent figure in the fields of intellectual property and finance, known for his advocacy on issues involving patents, corporate integrity, and human rights. His expertise has led him to scrutinize medical practices and the pressure they exert on individuals.
📜 Key Points of His Perspective:
- Medical Pressures as Coercion 🔒: Dr. Martin contends that current medical systems and practices often employ coercion—compelling individuals to comply with medical interventions through pressure tactics that compromise free choice.
- God-Given Rights 🛡: He emphasizes that individuals possess inherent, inalienable rights bestowed upon them by divine authority. These rights, he asserts, should not be infringed upon by governmental or medical entities.
- Resistance to Coercion 💪: Martin calls for public vigilance and resistance against coercive medical practices. He advocates for awareness and legal assertion of one’s rights in the face of medical mandates that may arise in the future.
- Informed Consent and Freedom of Choice 🧠: He promotes the importance of informed consent and the freedom to make autonomous health decisions without undue influence or coercion from external authorities.
📚 Why It Matters: Dr. David E. Martin’s insights are grounded in a profound understanding of human rights and legal systems. His stance champions individual liberty and cautions against the erosion of freedoms through coercive medical pressures. His message serves as a reminder to uphold and defend personal rights in all medical contexts.
