Chapter 5 (Civil Procedure) Factual Scenarios for Case Analyses
1. (Laurel v. Hardy)
* 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)
* 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 he was not properly notified of the suit against him and now he wants to appeal. Yet I don’t find a lack of personal jurisdiction against Mr. Hardy, nor do I feel like the court Violated the 14th amendment since Mr. hardy was given a chance to go to court and solve the issue there.
* Therefore, I will definitely affirm the default judgment
2. (State of California v. Cheech Marin)
* Is there a physician-patient privilege being violated in this case? Relevant Legal Concepts From Text
* “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) * Communicative privileges.. “ The general rule is that all persons who can provide relevant, competent, and material information that would assist the fact finder search for the truth are required to testify. But the law also provides some exceptions where certain communications for reason of public policy….. or rule of evidence as being privileged.”(p.210) * “Other privileges involving confidential communications include the doctor-patient privilege. The doctor-patient privilege applies to confidential information provided by a patient for the purpose of treatment.”(211) Pantoja 3
* 4th amendment.. “The right of the people to secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall be issue….” (p.669) Relevant Case Law from Text
* John M. Richmond v. State of Iowa
* “ The question in this appeal following a conviction of second-degree sexual abuse is whether it was reversible error to receive evidence of admissions by the accused recited in a conversation with a clergyman/counselor.”(p.212) * “ … a trial determination on whether or...
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