Tiago Splitter wrote:Can someone explain what pre-writing is?
This is what I had last semester for civ pro, to give you an example. I had this under Territorial Jurisdiction (which was under Jurisdiction, and was also divided into subject matter, removal, and venue):
Long Arm Statute
In order to determine if a court has territorial jurisdiction to hear a case we must determine if the government which created the court authorized it to hear the case.
Federal Rule 4k governs assertion of territorial jurisdiction by federal courts. If the claim is state law, then R4k1d and R4k2 don’t apply. If defendant isn’t joined under R19 or R20, R4k1b doesn’t apply. R4k1A allows a federal court to establish territorial jurisdiction if the the state courts in the forum state may have jurisdiction.
If jurisdiction by in-state service of process is not allowed, then we must turn to the states long arm statute.
Purpose of long arm statute is to call nonresident defendants back into the state to defend lawsuits (even if he’s never been there).
Then on the exam, as soon as I saw the territorial jurisdiction question, I'd basically write all that out (unless parts were totally irrelevant) and then apply it to the facts. Makes applying the facts a lot easier since you have all (well, if you did your pre-writes correctly) the forks in the law already written out. Just as another example, this is what I had for removal:
If ∆ tries removing case to federal court and the district court remands it back to state court, a remand for lack of SMJ is non-reviewable under §1447d. Remands which are done for other reasons are subject to review for abuse of discretion.
§1441a requires that the federal courts would have had original jurisdiction over the matter. §1441b stipulates that under FQJ, action is removable without regard to the citizenship of the parties. If no FQJ, if any ∆ is a citizen of the forum state, ∆ may not remove case to federal court.