Civil Procedure I Outline

Civil Procedure Outline

I. Personal Jurisdiction (PJ)
II. Notice (mostly about service of process)
III. Subject Matter Jurisdiction (SMJ)
IV. Venue
V. Erie Doctrine
VI. Pleadings
VII. Joinder
VIII. Discovery
IX. Pretrial Adjudication
X. Trial
XI. Appeals
XII. Claim and Issue Preclusion (res judicata and collateral esstopel)

I. Personal Jurisdiction
Can the P sue the D in this state?
The court must have power over something:
1. The defendant
2. The defendant’s property
In Rem – The power is over the defendant’s property; Jurisdiction is reserved for disputes about the property itself, such as questions about who owns it

Quasi In Rem – The power is over the defendant’s property; Jurisdiction is used when the property is attached, but the suit need not be related to the property (Attachment – A formal process by which the state takes control over someone’s real property)

In Personam – The power is over the defendant; Jurisdiction when no property is attached, thus the suit is against the person rather than against the property

Due Process Clause of the 14th Amendment – sets the outer bounds of jurisdiction; anything that falls outside the Due Process circle is void and not allowed full faith and credit
· State must have statue to achieve Due Process
o Provisions that permit the exercise of jurisdiction over those outside the state are usually called long-arm provisions.
· Many long-arm provisions authorize jurisdiction where the defendant has committed a tort in the state, or has committed an act outside the state that causes harm within the state
o Fed. R. Civ. Pro. 4(k) is the jurisdictional power of a federal court. Under Rule 4(k), the jurisdiction of a federal court is usually the same as that of a state court’s in the state in which the federal court is located. See
· Constitutional analysis (does it fit in Due Process) follows Statutory requirement

A. In Personum Jurisdiction (preferred over In Rem/Quasi In Rem)
Specific Jurisdiction – A claim that arose in the forum; the cause of action arises out of or relates to the contacts.
General Jurisdiction – Defendant can be sued in this forum on a claim that arose anywhere in the world. The contacts with the forum are so substantial that D can be subjected to jurisdiction on claims not related to those contacts – suit doesn’t arise out of or relate to the contacts; can be sued on ANY basis.

i. Pennoyer v. Neff
a) Stresses state power – states have power over everything inside its boarders
· Traditional basis of In Personum – The defendant is served with process in the forum; always given general jurisdiction; can always serve the agent
· No state may exercise jurisdiction over the citizens of another state unless it is an in rem suit (both in rem and quasi in rem suits must have the property attached before the filing of the suit) or the defendant was served in the state
· No longer law anywhere; useful to know, however, because this governed personal jurisdiction for hundreds of years
b) The defendant is domiciled in the state
c) The defendant consents

ii. International Shoe
The conduct of corporation’s salesmen in soliciting business in the forum state was sufficient minimum contact with the state (regular and systematic solicitation was deemed “presence”) to subject appellant to suit for a liability to the state unemployment compensation fund which arose out of that conduct.
“The defendant must have such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.”
a) Flexible, thus jurisdiction is expanded
b) Clear that you can serve process on the defendant outside the forum
c) 2 part