Need Jurisdiction US Federal Court Code

[jor2445]

Hello there, I'm in Arizona about to go Pro Se in a US District court case. I have almost everything wrapped up and ready to go but I am having a hard time finding the specific code section I'm looking for Venue / Jurisdiction.

The Defendant does business within the bounds of Arizona and has active websites that sell and charge subscription fees within its borders.

I'm looking for what I am imagining a 28 US code. But cannot find the specific reference even though I see several dozen cases venue/jurisdiction being decided in this manner.

Any hand would be appreciated I still have plenty of time to file but there are other situations that need to be addressed so I have to get a move on.

Thanks

anon

 

[tranquility]

Hello there, I'm in Arizona about to go Pro Se in a US District court case.

I'm so sorry.

I have almost everything wrapped up and ready to go but I am having a hard time finding the specific code section I'm looking for Venue / Jurisdiction.

The Defendant does business within the bounds of Arizona and has active websites that sell and charge subscription fees within its borders.

I'm looking for what I am imagining a 28 US code. But cannot find the specific reference even though I see several dozen cases venue/jurisdiction being decided in this manner.

Any hand would be appreciated I still have plenty of time to file but there are other situations that need to be addressed so I have to get a move on.

Basic law on jurisdiction. From the lack of facts, you have to go theory. Without the facts, no one can help. See International Shoe for a start.

 

[jor2445]

I'm so sorry.



Basic law on jurisdiction. From the lack of facts, you have to go theory. Without the facts, no one can help. See International Shoe for a start.

Me too...
It's been a horrible series of events. I wanted to press earlier but damages were too difficult to prove for the defamation case and now I'm practically destroyed by the second round. There needs to be expedited services for this type of thing. The internet moves far too fast for the court system. I can see why defamation is criminal in many countries.

I guess it has to be by case example with reference to the generic US code. 28 U.S. Code § 1332 with International Shoe Co. v. Washington, 326 U.S. 310 (1945) as the case reference for precedence. I'm pretty sure I can get summary judgement I'm hoping with prejudice as since it's happened those involved have been deleting things and I have them all saved as does wayback engine for some.

Thanks for the reference, I had read that case but not realized no actual US code had been set up to define that directly. I'll print up a spare cover sheet incase it needs to be modified once I speak with the Clerk.

 

[Paul84]

Me too...
It's been a horrible series of events. I wanted to press earlier but damages were too difficult to prove for the defamation case and now I'm practically destroyed by the second round. There needs to be expedited services for this type of thing. The internet moves far too fast for the court system. I can see why defamation is criminal in many countries.

I guess it has to be by case example with reference to the generic US code. 28 U.S. Code § 1332 with International Shoe Co. v. Washington, 326 U.S. 310 (1945) as the case reference for precedence. I'm pretty sure I can get summary judgement I'm hoping with prejudice as since it's happened those involved have been deleting things and I have them all saved as does wayback engine for some.

Thanks for the reference, I had read that case but not realized no actual US code had been set up to define that directly. I'll print up a spare cover sheet incase it needs to be modified once I speak with the Clerk.

Go to the free online site of Google Scholar, select U.S. Supreme Court, 9th Circuit, and Arizona for federal and state courts, then run your search separately on both the U.S. code reference and International Shoe.* You'll find oodles of much more recent cases than International Shoe. Skim through some of them, note which ones get citations, and add key words like "defamation", "jurisdiction", or whatever to narrow the search results.

I have relied almost solely on Google Scholar for my 3+ years of battling a BigLaw firm as a non-attorney pro se and am eternally grateful to the person on this site who first mentioned it to me in response to an early question.

* If I were you, I would just select a search on 9th Circuit Appeals Court for cases (and possibly the Arizona state equivalent of appellate level if Arizona law is relevant). Supreme Court cases are okay for background (and are binding but often rather broad), district-level cases (or appellate ones from other circuits) provide some guidance to judges, but the appellate precedents bind them to follow the decision and remove judicial leeway if they are "on point".

 

[jor2445]

Thank you!

Go to the free online site of Google Scholar, select U.S. Supreme Court, 9th Circuit, and Arizona for federal and state courts, then run your search separately on both the U.S. code reference and International Shoe.* You'll find oodles of much more recent cases than International Shoe. Skim through some of them, note which ones get citations, and add key words like "defamation", "jurisdiction", or whatever to narrow the search results.

I have relied almost solely on Google Scholar for my 3+ years of battling a BigLaw firm as a non-attorney pro se and am eternally grateful to the person on this site who first mentioned it to me in response to an early question.

* If I were you, I would just select a search on 9th Circuit Appeals Court for cases (and possibly the Arizona state equivalent of appellate level if Arizona law is relevant). Supreme Court cases are okay for background (and are binding but often rather broad), district-level cases (or appellate ones from other circuits) provide some guidance to judges, but the appellate precedents bind them to follow the decision and remove judicial leeway if they are "on point".

Best resource I have ever seen regarding what I need!

Thank you very much.

 

[Paul84]

Best resource I have ever seen regarding what I need!

Thank you very much.

Another useful, free online resource that I just came across today might help you out: https://law.resource.org/pub/us/code/blue/BabyBlue.20160205.pdf

The details and rules of this "Baby Blue's Manual of Legal Citation" may seem pedantic, but should help you decipher judges' and adversaries' references to cases and enable you to put references correctly into your own briefs: i.e. how to make clear what page you're referring to in a citation.

 

[jor2445]

Motion timing

What is the name of your state (only U.S. law)? Arizona

Hello again.

I was curious when I can start filing motions. Normally it's after the answer but since the 21 days had passed since filing I had to do a motion to amend the complaint, if that's the case is it open season on any types of motions now? (other than summary since that's 30/31 days after answer).

I'm mainly looking to add additional evidence but may actually incorporate them into amendments since that seems to be better process for summary.

Thanks in advance.

 

[tranquility]

What is the name of your state (only U.S. law)? Arizona

Hello again.

I was curious when I can start filing motions. Normally it's after the answer but since the 21 days had passed since filing I had to do a motion to amend the complaint, if that's the case is it open season on any types of motions now? (other than summary since that's 30/31 days after answer).

I'm mainly looking to add additional evidence but may actually incorporate them into amendments since that seems to be better process for summary.

Thanks in advance.

Bump this again on Monday. I'm home and my books on procedure are at the office. You might see if there is a law library near you. Rutters has something specifically on procedure before trial (aka "my books") in federal court (Written by a [former?] judge in the 9th!) and you would have far more value to peruse them for what you want then to write declaratory questions. Civil procedure is subtle and hard. The basics are fairly easy. When you actually get into it, the facts matter in detail and goals must be considered quite technically. From the posters in the forum, Latigo might be one who seems to me to be pretty good on Civ Pro. I really just read texts. After reading them many times I am OK, but most of my work never gets to court.

Again, Civ pro is hard. If you screw up, everything is lost. You get too aggressive, and you have sanctions against you. It is right for you to worry if motions are too soon. But, without the facts, no one has any real idea. My unreferenced gut says there is no rush.

When you say 21 days from filing, has the defendant been served yet? What motion do you want to file? Why did you amend your complaint?

 

[jor2445]

bump response per request

Bump this again on Monday. I'm home and my books on procedure are at the office. You might see if there is a law library near you. Rutters has something specifically on procedure before trial (aka "my books") in federal court (Written by a [former?] judge in the 9th!) and you would have far more value to peruse them for what you want then to write declaratory questions. Civil procedure is subtle and hard. The basics are fairly easy. When you actually get into it, the facts matter in detail and goals must be considered quite technically. From the posters in the forum, Latigo might be one who seems to me to be pretty good on Civ Pro. I really just read texts. After reading them many times I am OK, but most of my work never gets to court.

Again, Civ pro is hard. If you screw up, everything is lost. You get too aggressive, and you have sanctions against you. It is right for you to worry if motions are too soon. But, without the facts, no one has any real idea. My unreferenced gut says there is no rush.

When you say 21 days from filing, has the defendant been served yet? What motion do you want to file? Why did you amend your complaint?

Filing and service are complete. I accepted an extension request. I amended to simplify the case a bit and adjust damages to more appropriate areas.

The motions are motive/intent which should be admissible from what I've seen, as well as reputation on my part, plus spread of damage evidence relating to the case.

I am wanting to not be too aggressive specifically for sanction reasons I'm not really in a hurry any longer so it's not something that's going to kill me sitting through I just don't want to seem inactive as I am far from it. The damage done has pretty much finished me off but I don't need any depositions and literally have somewhere around 3 thousand evidence shots (yea its nuts, guarantee you haven't seen anything like this in any case). I believe the case is pretty solid but I'm up against a pretty pro lawyer (some fortune 100 work) so that probably isn't good. I've studied quite a bit but can't find any good examples of this particular situation.

Last Clear Chance and duty of care however look like they are significantly on my side as I've had no interest in being involved with any of the issues at hand which has been used as a profit mechanism at my expense.

 

[tranquility]

Filing and service are complete. I accepted an extension request. I amended to simplify the case a bit and adjust damages to more appropriate areas.

You might have had a damages as found appropriate or damages as proved. Pity you wasted your amendment as right. But, I'm not reading this in the office so, maybe tomorrow to the core of your question.

The motions are motive/intent which should be admissible from what I've seen, as well as reputation on my part, plus spread of damage evidence relating to the case.

You are motioning over evidence about motive/intent or that your reputation is important? Wow, I'd have to read it all for a real opinion. But, and I say this with trepidation as it seems you are intelligent and have done some study, huh?

You are not going to win a defamation case on summary judgment. Any defamation case. I suppose if we were to theorize, we could find something. As I sit here a moment dreaming, I can't quite get there. But, usually in such dreaming I have knowledgeable friends where all have had some adult beverages to the point can break free of...reality.

Let's face it, as a legal matter, your problems are far greater than reputation. Damages is a HUGE (Think The Donald) problem. It's just that we are not there yet. Not even close to there. The only issue on that point is if the other side will settle rather than deal with you.

For your work in the "case", pretend there is no way on God's Green Earth, you will win in a summary judgment.

I am wanting to not be too aggressive specifically for sanction reasons I'm not really in a hurry any longer so it's not something that's going to kill me sitting through I just don't want to seem inactive as I am far from it.

From what little I know, think long. You should certainly not be accused of a failure to prosecute the case. Other than that, you just follow the rules for a case. Don't blow a statute. Don't ignore a court deadline.

The damage done has pretty much finished me off but I don't need any depositions and literally have somewhere around 3 thousand evidence shots (yea its nuts, guarantee you haven't seen anything like this in any case). I believe the case is pretty solid but I'm up against a pretty pro lawyer (some fortune 100 work) so that probably isn't good. I've studied quite a bit but can't find any good examples of this particular situation.

You've given no real facts (nor do I think it right to give them) for an opinion. If you feel you don't need an depositions (Or other discovery sworn to.) in a defamation case has me believe you are nutbar factor 7. Again, with enough adult beverages and knowledgeable friends and time, you might be able to prove things up without testimony. I think not. I think not even a little tiny bit. I started to write why, but it became a huge determination of time even in thinking about it.

If you have a "pretty pro lawyer" who does fortune 100 work opposed to you, your only thought should be to actually get to fact finding where the facts matter.

Your post is very disappointing to any chance of a win. How much do you feel you were hurt? How much time do you have to remedy it?

I'm not sure you were compensibly hurt in the first place from what you have said. I am less sure you will win. I am certain you will not win as a matter of law.

Last Clear Chance and duty of care however look like they are significantly on my side as I've had no interest in being involved with any of the issues at hand which has been used as a profit mechanism at my expense.

For defamation? Probably not. Maybe, depending on the state, if you were in a car accident.