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VRC CivPro Outline Final

VRC CivPro Outline Final

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Published by Vivian Connell

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Published by: Vivian Connell on Nov 04, 2011
Copyright:Attribution Non-commercial


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Civil Procedure(plaintiff ∏ / defendant ∆ / contract K)
Personal Jurisdiction – people over whom court is permitted toexercise control – in US – limited to transactions that in some wayconnect to the state’s territory
 The factors the court must balance in addressing reasonableness in an analysis of personal jurisdictionare:
(1) the extent of a ∆’s purposeful interjection in the forum state;
(2) the burden on the ∆ in defending in the forum;
(3) the extent of conflict with the sovereignty of the ∆’s state;
(4) the forum state’s interest in adjudicating the dispute;
(5) the most efficient judicial resolution of the controversy;
the importance of the forum to the ∏’s interest in convenient and effectiverelief; and
(7) the existence of an alternative forum.
For a court to have authority, there must be:
Personal jurisdiction (where service is necessary to establish)
Reasonable notice
Opportunity to be heard
A.Personal Jurisdiction
= the territorial reach of a court (state or federal) granting authority to makedeterminations that are binding on particular parties*service is the means by which a state “perfects” its jurisdiction/authority over anindividual.
B.Limitations on Personal Jurisdiction
i.Due Process Clause of the 14
Amendment provides “nostateshall depriveany person of life, liberty or property without due process of law” – right tosue is matter of life, liberty, property (extension of fifth amendment:nor be deprived of life, liberty, or property, without due process of law; nor shallprivate property be taken for public use, without just compensation.).
Fair and reasonable jurisdiction based on the ∆’s contact with theforum2.Appropriate notice and opportunity to be heard3.Identical to requirements of Full Faith and Credit Clauseii.Full Faith and Credit Clause – Article IV, Section 1- requires a federal court (oranother state’s court) to enforce a lower court judgment so long as the courthad jurisdiction to rule and the ruling was valid – States must honor otherstate courts’ rulings (unless they can find a legal reason not to!)
i.Long arm statutes are used to exercise jurisdiction outside of a state’sborders
 This legislation isbound by the constitutional limitations but does not have togo to its full extent (Many state courts will extend reach to limits to gainpersonal jurisdiction; conversely Federal Courts tend to narrow their
constitutional parameters – they do not want more cases on the docket, nordo they want to be seen as infringing on the state courts’ rights/powers.)
Note: CA statute on p.140 grants up to the limit which Constitution allows(West Va. Too??) Rhode Island
c.Federal Court
i.Federal court has personal jurisdiction only if the state in which it sits doesFederal Rule 4(k)(1)(A)
Service of process is affective to establish personal jurisdiction over ∆ if: (anyelement1.Courts of state in which the federal court sits has personal jurisdiction2.Over an impleaded party that is served within 100 miles of thecourthouse3.Over parties subject to interpleader jurisdiction
Authorized by a federal statute for a particular case - Some statutesallow for nation-wide service of process - securities5.In a federal question case with sufficient U.S. contacts but notsufficient contacts with any state Rule 4(k)(2)
C.Personal Jurisdiction is a two part analysis
Has a statute been satisfied?Weisburd will provide state(s)
If so, is due process satisfied?Constitutional Analysis : see following sections!
D.Three Kinds/Aspects of Personal Jurisdiction
In personam
= jurisdiction over a person
For personal obligation to pay money or perform an act :State’s attempt toclaim authority to adjudicate against a non-res for
reason – contacts,tort in state, tort arising from activities in the state, property owned in state,service made in state – LOTS of ways to try to get in personam jurisdictionii.Judgment can be enforced by attaching and selling property or ordering someact to be performed
In rem
= a court has a power over property; judgment is limited to the value of theproperty
Pure in rem
= with respect to the whole world and within the physicalborders of the jurisdiction (ie. condemnation).Litigation is centered on theproperty itself.
c.Quasi in rem
Of the first type =
the court has power over property, but only b/t twolitigants
Of the second type
= suit does not have to do with the property itself;instead land is attached to pay damages; judgment limited to the value of property:Pennoyer, Schaffer v. Heitner - Greyhound (Stocks),
E.Scope of Personal Jurisdiction
General Jurisdiction
= ∆ can be sued in the forum state despite the lack of connection b/t the state and the action bringing forth the lawsuiti.Domicile in a forum state allows for general jurisdictionii.Presence (in-state service) allows for general jurisdiction “tag jurisdiction”iii.Continuous and Systematic contacts allow for general jurisdiction
Specific Jurisdiction
= A court has power to hear
those claims arising fromtheir contacts with the forum state
i.If ∆ has “minimum contacts” with a forum state, ∆ can be sued in that state1.BUT, ∆ canonly be sued over claims relating to those contacts; hence jurisdiction is
specific –
claim “arises from” incident(s)/action(s)within the forum state or perhaps via commerce with theforum state.
A court can serve personal jurisdiction in two ways:
a.Serve process anywhere within the state
Long arm statutes
permit jurisdiction over individuals
not within the state’sboundaries
, by reaching out of the state to call a nonresident ∆ back into the stateto defend a lawsuit. These statutes are subject to the Constitution, and thus, oneapplication of a statute may be Constitutional, while another application may notbe.i.
A few states, such as CA, have long arm statutes that exercisepersonal jurisdiction to the maximal extent allowed by the Constitution.ii.
Limited / Specific:
Most states authorize personal jurisdiction based on
types of contacts with the forum state.
G.Ways to get Personal Jurisdiction
Presencewithin the forum state
(receive service there)
: general jurisdiction
regardless of any contacts with the state atthe time of the events giving rise to the suit or if the individual was transient
Burnham v Superior Court of CA –
Out of State Divorce Case, p.113-124(divorce suit; non-resident husband served within the state; general jurisdiction upheld)
Partnerships –
service of process on any partner confers jurisdiction overbusiness itself, as partnership is seen as an aggregation of partners who formit
corporations “consent” to jurisdiction if they haveanin-state agent for service of process in the statea.General or Specific Jurisdiction depending on court
corporations are not subject to jurisdictionmerely by service of process upon an executive officer temporarilywithin. (butSee
- continuous and systematic contacts – notREQUIRED for specific SMJ–
Hess v. Paw
Claims can arise from specificand LIMITED contact w/ the state) In
– USSC recharacterizedcases previously decided, like
Hess –
relabeled analysis
Service by Fraud or Force Invalid:
Most courts will find serviceinvalid if PL brings DF into state by fraud or force2.
Immunity of parties and witnesses:
Most courts grant immunity tonon-residents in state for judicial proceeding
Old Law
Pennoyer v. Neff 
– Oregon Land Sale Case, p.22-29 - No longergood law!1.No state can exercise jurisdiction over persons or property outside itsborders2.Presence in the state is both sufficient and necessary for personal jurisdiction
b.Consenti.Express Consent

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