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Lecture 3

BUL 4310 Lecture Notes - Lecture 3: Subject-Matter Jurisdiction, Interrogatories, Voir Dire


Department
Business Law
Course Code
BUL 4310
Professor
Philip Kabler
Lecture
3

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Business Law Lecture 3
Standing ability of a party to bring its case/claim before court for consideration and
decision
o For party to bring that case, it must satisfy two requirements:
Legally protected and tangible stake in the outcome of a case
Party bringing it to the court must be involved in the manner, must
have skin in a game
Dispute there must be something for a court to hear, can come from
statute, regulation, etc. cannot be outside of the court’s subject matter
Cases don’t emerge in a vacuum
o People must bring an issue to a court
Criminal cases the state is the party bringing the case
Declaratory judgement an exception to standing
o A party trying to avoid controversy, can ask the court to interpret the rights of the
parties
o Class Actions parties who are similar, can go beyond a court with a
representative party. A representative of all similar parties
Large scale cases where many people have similar cases
Product liability cases, etc.
Receive the judgement which will be allocated to the other parties
These cases often settle, the defending parties won’t defend multiple cases
generally
Class Action Fairness Act federal jurisdiction for certain types of cases
The Process for Judicial Matters
o Driven by rules of civil procedures
o Nine Steps
1. First Pleading in the Case
a. Law case: complaint or statement of claim
i. Parties judge, plaintiff, defendant
b. Equity case: petition
i. Parties: chancellor, petitioner, and respondent

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c. Tells the basic story of a case
d. Qualifying the case for the court’s jurisdiction and lays out
allegations, and makes a demand for relief (ad damnum clause)
e. Identifies the parties
2. Service of Process
a. Getting the defendant to subject themselves to the jurisdiction
of the court
b. Types of service:
i. personal or individual handing it to the individual
ii. Substitute Service giving it to someone else for
another person (landlord tenant cases) (15 or older)
iii. Constructive Service of Process by publication
3. Second Plea the response or the answer
a. Before answer given, pre-response motions: request to court
for ruling for substantive matters (I don’t understand, make the
plaintiff better define) (motion for a more definitive statement),
i. Motion to dismiss for failure to bring appropriate
parties or
ii. Motion to dismiss for failure to state claim where relief
can be granted.
iii. Motion for Judgement on the Pleadings case cannot
succeed even if it’s read in the light most favorable
b. Law Case Answer, Equity Case Response
i. Deadline to answer
ii. If you don’t file an answer, it is a default judgement
against you
c. Answer is a paragraph by paragraph review, and say whether
the paragraph is true or denied it
d. Can offer affirmative defense, “even if it’s true…” “but…”
“not responsible because…” (statute of limitations, waivers,
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