Case Analysis
Chapter 5 (Civil Procedure) Factual Scenarios for Case Analyses
1. (Laurel v. Hardy)
Main Issue * Is there a lack of personal jurisdiction against Mr. Hardy?
Relevant Legal Concepts From Text * Writ of summons “A summons warns the defendant that a default judgment can be awarded unless the defendant responds with an answer within a stated period of time.”(p.196) * Constructive service.. “Publishing the notice of summons in the legal announcements section of newspaper.” (p. 199) * “The due process guarantee protects people from unfairness in the operation of both substantive and procedural law.” Procedural law prescribes the method used to enforce legal rights. It provides the machinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.” (p.29)
Relevant Case Law from Text * Dorsey v. Gregg * “Defendant seeks vacation of a default judgment, contending that the trial lacked jurisdiction over him. We reversed.” (p.199) * “From on or about December 29, 1985, [to] February 18, 1986, I have made numerous attempts to serve the Defendant, Joseph Gregg, at his fraternity house.”(p.199) * “The affidavit fails to comply with the requirement of ORCP7D(6)(a), and the trial court erred in ordering alternative service. The alternative service was therefore invalid, and the trial court lacked personal jurisdiction over defendant.”(p.200)
Pantoja2
Rationale
* Since Mr. Hardy had been using Mr. Laurel work after they split up, violating their contract, it’s fair to say that Mr. Laurel has the right to file for motions for a default judgment in his favor for $500,000 after six months have been elapsed. Mr. Hardy was warned through Writ of summons and constructive service but he never respond to the suit. Mr. Hardy was notified at his house, through mail and newspaper yet he never responded to it. It is fair for the Court to grant Mr. Laurel this motion. However, Mr. Hardy feels like
1. (Laurel v. Hardy)
Main Issue * Is there a lack of personal jurisdiction against Mr. Hardy?
Relevant Legal Concepts From Text * Writ of summons “A summons warns the defendant that a default judgment can be awarded unless the defendant responds with an answer within a stated period of time.”(p.196) * Constructive service.. “Publishing the notice of summons in the legal announcements section of newspaper.” (p. 199) * “The due process guarantee protects people from unfairness in the operation of both substantive and procedural law.” Procedural law prescribes the method used to enforce legal rights. It provides the machinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.” (p.29)
Relevant Case Law from Text * Dorsey v. Gregg * “Defendant seeks vacation of a default judgment, contending that the trial lacked jurisdiction over him. We reversed.” (p.199) * “From on or about December 29, 1985, [to] February 18, 1986, I have made numerous attempts to serve the Defendant, Joseph Gregg, at his fraternity house.”(p.199) * “The affidavit fails to comply with the requirement of ORCP7D(6)(a), and the trial court erred in ordering alternative service. The alternative service was therefore invalid, and the trial court lacked personal jurisdiction over defendant.”(p.200)
Pantoja2
Rationale
* Since Mr. Hardy had been using Mr. Laurel work after they split up, violating their contract, it’s fair to say that Mr. Laurel has the right to file for motions for a default judgment in his favor for $500,000 after six months have been elapsed. Mr. Hardy was warned through Writ of summons and constructive service but he never respond to the suit. Mr. Hardy was notified at his house, through mail and newspaper yet he never responded to it. It is fair for the Court to grant Mr. Laurel this motion. However, Mr. Hardy feels like