Civ Pro
1. Personal Jurisdiction
a. Limited by 2 sources
i. State statutes
1. Have power to decide over whom they will have jurisdiction over
2. First place to look.
3. Must still be within Constitutions limits
ii. US Constitution.
1. D must have contact w/ state so jurisdiction is fair and reasonable
2. D must be given proper notice of action and chance to be heard.
3. State statute cannot exceed these but is not required to exercise the full limit.
b. Rule 4 – In Federal level, courts must treat PJ as if were a state court in which it is located
i. Rule 4(k)(1)(A)
1. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located
c. 3 kinds
i. In personam
1. Power is over D itself
2. Always try to get this but if you cant get it try other 2
ii. In rem
1. Power is over property
2. If cant get in personam but person has left property
iii. Quasi in Rem
iv. Due process sets boundaries for these
1. Must have case that falls within this
2. If it falls outside it is void to full faith and credit
v. Statutory step
1. State long arm
a. That allows jurisdiction over case
b. In exam 1st step is “is there a statute in this state?”
c. 2nd step, does it fall within the constitutional analysis
d. In Personam
i. General
1. D can be sued in this forum on a claim that arose anywhere in the world
ii. Specific
1. D is being sued on a claim that arose in the forum.
a. Called relatedness
i. Does this claim relate to what this D did in the forum?
iii. Constitutional Limit
1. Pennoyer
a. Gives us traditional basis of jurisdiction
i. D is served with process in the forum (presence)
1. Must have been present when you are in the forum (General Jurisdiction)
ii. D’s agent was served in forum
iii. D is domiciled in forum (GJ)
iv. Consent
2. Court expanded these basis when world became mobile
a. Expressed
i. D stipulates courts jurisdiction in advance of litigation
ii. Parties to a contract may specify jurisdiction in case of a dispute (Carnival) (Forum Clause)
iii. Parties to a contract appoint in state agent to accept process.
iv. An appearance of filing of a motion will constitute expressed consent.
b. Implied
i. State statutes may specify that persons engaging in certain activities will expressly consent to states jurisdiction (Hessv v. Pawloski)
c. Hess v. Polaski
i. Mass had (now a days all state has) non resident motorist act
1. If you drive your car in our state, you are consenting to jurisdiction (specific)
2. You are appointing a state official as your agent.
3. Consistent with Pennoyer, expands consent.
d. International Shoe
i. Jurisdiction is where D has such minimum contact with the forum, that jurisdiction does not offend traditional notions of fair play and substantial justice.
ii. You can serve process outside the forum
iii. Minimum contact has 2 parts
1. Contact part
2. Fairness part
iv. This case does not overrule Pennoyer
1. Minimum contact is used when D is not present in forum state.
e. Worlds Wide VW
i. Car got to OK through family, D did not reach out to OK
ii. Court said Foreseeability is part of it, but Foreseeability is not enough need purposeful availment.
1. Must be foreseeable that D could get sued in that forum.
f. Keeton v. Hustler Magazine
i. Facts: NH only place left where P could file. P claims that D has libeled in 5 diff issues. P from NY, no minimum contact in NH. D sells a lot of issues in NH good for minimum contact.
ii. Holding: Yes, jurisdiction in NH
iii. Rule: P does not need minimum contact Foreseeability also needed, D’s is enough, Rank Forum Shopping is constitutional.
g. Calder v. Jones
i. Facts: D in FL directs libel in article to P in CA. Sufficient amount of copies sold in CA.
ii. Holding: Yes, Jurisdiction in CA
iii. Rule: Calder Effects Test
1. Actual and anticipated effects of D’s activities in forum state.
2. If you cause effect in forum state, jurisdiction can be found.
3. If you direct any action towards any person in a forum state jurisdiction may be proper even if you never enter that state.
h. BK
i. Jurisdiction was upheld in FL over 2 guys in Michigan
ii. Court makes it clear that there are 2 pats to shoe’s minimum contact
1. Contact
a. Must have relevant contact before fairness becomes relevant at all
2. Fairness
iii. Fairness gave problem
1. SCOTUS said that burden is on D to show that forum is unconstitutionally inconvenient (almost impossible to do)
2. Wealth is irrelevant.
i. Asahi
i. Stream of commerce case.
ii
i. 5 fairness factors (burden is on D to show it is unconstitutionally unfair)
1. Inconvenience for D
2. Forum state interest (does it have it)
3. P’s interest
4. Interest in efficiency
5. Shared substantive policy
iv. Statutory analysis
1. Is there a statute that says ok? If yes do constitutional analysis
2. Every state has 2 statutes that allow you to go after non residents
a. Non resident motorist act (Specific Jurisdiction)
b. Long arm statute
i. Used for other claim besides motorist
ii. Differ from state to state.
1. Some have laundry list
a. Most will say that you have jurisdiction over D who commits a tort within forum
2. Notice
a. Service of process
i. Process – consists of a summon and copy of complaint
1. Shows courts power over you
2. Under rule 4
ii. Service can be made by any non party who is at least 18 years old.
iii. Rule 4(e) how you serve an individual
1. Rule 4(e)(2)
a. Personal service
i. Can happen anywhere.
b. Substituted service
i. Can only be done at D’s dwelling or usual abode.
ii. Serve someone of suitable age and discretion who resides there. (does not specify age)
c. Serve D’s agent.
i. Such as in non resident motor statute.
2. Service on a business Rule 4(h)(1)
a. Can serve an officer or managing or general agent.
i. Someone with a significant responsibilities in company
3. Can also use state law Rule 4(e)(1)
a. Did saunders cover sate serving process???
b. Service by mail
c. May use state rules where things happened.
iv. Waiver of service by mail Rule 4(d)
1. Mail to D process and 2 copies of a waiver form
2. Requires self addressed envelope
3. If fills out waiver form no need to hire person to serve.
4. If fails to return waiver form (has 30 days)
a. Will be served and penalty is they pay for service unless they have good reason.
v. Serving a party in a foreign country by other means not prohibited by international agreement. 4(f)(3)
a. Neither a last resort nor extraordinary relief, merely one mean among several.
b. No need to have attempted every permissible mean of service of process, before petitioning court for alternative relief.
c. Rio
