Briefs and Records, Issue 75U.S. Government Printing Office, 1979 - United States |
Common terms and phrases
adjudication admissible affidavits allegations amendment amount in controversy ancillary jurisdiction answer appeal apply arise asserted attorney burden of proof cause of action challenge citizen claimants class action class members collateral estoppel common law complaint compulsory counterclaim constitutional contract cross-claim damages decide decision default judgment defendant's denial denied deposition determine diction discovery discretion diversity jurisdiction diversity of citizenship doctrine equity evidence facts federal courts federal question Federal Rule filed granted Illustration improper interest interpleader interrogatories intervention involved issue joinder joined judicial jurisdic jurors jury trial liability litigation long-arm statute ment negligence non-party NOTES notice opposing party original party's permit personal jurisdiction plaintiff pleader pleading pretrial prior procedural proper quasi in rem relief request require res judicata result risdiction seeks specific statute of limitations statutory subject matter jurisdiction substantial sues summary judgment Supreme Court third-party claim tion trial judge venue verdict witness
Popular passages
Page 129 - ... within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
Page 56 - The application of that rule will vary with the quality and nature of the defendant's activity, but it is essential in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.
Page 186 - An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
Page 190 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.
Page 390 - ... involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the ultimate termination of the litigation.
Page 69 - ... dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
Page 190 - ... when several plaintiffs unite to enforce a single title or right in which they have a common and undivided interest, it is enough if their interests collectively equal the jurisdictional amount.
Page 65 - ... reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and to afford them an opportunity to present their objections. . . . But when notice is a person's due, process which is a mere gesture is not due process. The means employed must be such as one desirous of actually informing the absentee might reasonably adopt to accomplish it.