CIVIL PROCEDURE OUTLINE
PROFESSOR TAYLOR | fall 2016
South Texas College of Law Houston
There are Two Types of Judicial Jurisdiction
personal jurisdiction
subject matter jurisdiction
In order for a court to have a valid judgement over a D and a dispute there must be valid personal jurisdiction (PJ) and valid subject matter jurisdiction (SMJ).
The Constitutional Framework for PJ Involves
The Due Process Clause (5th Amendment federal; 14th states)
∆ must receive adequate notice of a dispute (usually through service of process); and
it must be reasonable for the court to assert jurisdiction over the ∆ and the dispute; and
Full Faith and Credit
states must honor the decisions of other courts but in order for that the court that renders the judgement must have jurisdiction to do so.
Personal Jurisdiction
The question is whether it is reasonable for the court to assert power (jurisdiction) over the ∆ and the dispute.
Obtaining PJ is a two-step dancing involving statutory limitations and constitutional limitations. There can NEVER be PJ unless the forum has statutorily expressed its power to reach a D. This can be done through service provisions (to achieve the notice requirement of due process) and long-arm statutes (to achieve the reasonable assertion of power portion of due process).
Long-Arms Serve Two Purposes
to declare under what circumstances the court is willing to assert power over non-res ∆s; and
to provide service of process to non-resident ∆s.
if the long-arm DOES NOT reach—case is over.
Two questions that MUST always be asked when asserting PJ over a ∆
Does the long-arm provision reach the∆? (If not, case over; if Yes, ask #2); and
Does the long-arm violate the constitutional due process rights of the ∆ under the circumstances?
These questions must be asked to ensure a ∆ is not being dragged into an unfair forum and to keep the courts from depriving a ∆ of life, liberty or property.
Jurisdictional Reach of Fed. Dist. Cts.
authorized to reach all Ds within its borders & non-res. By its long-arm **as long as it reaches and does not violate due process)
fed. cts. use the state long-arm from which it sits if there is no federal long arm provided in the statute.
Three Types of Personal Jurisdiction
in personam (individuals);
specific Jurisdiction
arises out of lawsuit
general jurisdiction
sufficient conducts to warrant the assertion of power—does not have to be directly related to the activities in the forum.
in rem (property); and
quasi in rem (property).
In Personam Jurisdiction
Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory.
state can exercise direct jurisdiction & authority over persons and property without its territory.
To obtain PJ over a ∆ you must:
serve the ∆ while present; and
in the forum
in the forum (intent to return/remain)
in the forum (transient presence/Tag jurisdiction)
Scalia à It’s Tradition
presence + service of process = jurisdiction over non-res ∆.
à Rejects that History Alone Validates
mc + reasonableness (nice to show but not majority decision): always satisfies min. contacts because it shows that ∆ voluntarily entered the forum knowing he could be served.
Time is Irrelevant à does not matter how long you are there.
to traditional rule regarding presence
You are not subject to jurisdiction in a forum if:
∆ brought in by fraud.
∆ is brought in for participation in a criminal case.
For non-res ∆ you must have a long-arm statute that can reach and be able to provide proper service of process on the non-res ∆.
the ∆ must voluntarily appear (∆ must consent: can be express or implied).
voluntary appearance
statutory consent (Hess)
contractual consent (forum selection clause)
consent through conduct
File a motion or by objection in the D’s answer to complaint.
Set out in Rule 12(b), (g), and (h).
12(b) sets out 7 motions to dismiss allowed in federal system.
12(b)2 à motion to dismiss for lack of PJ.
Not engaging in the jurisdictional process.
Specific Jurisdiction à min. contacts + reasonableness
Minimum Contacts
π bears burden of proof for establishing the ∆ has sufficient contacts with the forum.
Jurisdiction may be warranted even if that contact is the defendant’s only contact with the forum state (Helicopteros).
∆ must have “purposely availed” themselves into the forum in some way.
If NO purposeful availment à NO MC contacts à NO SJ à NO PJ.
Reasonableness à To Not Offend Traditional Notions of Fair Play & Substantial Justice
Factors for Reasonableness Analysis
Burden of proof shifts to ∆ to prove why the assertion of power is unreasonable.
π ‘s interests in the forum.
State’s interest in the forum.
Interstates interest in the forum in obtaining the most efficient place for resolving issue.
Several states interest in furthering substantive social policy.
Effects Test à used only for commercial activity or wrongful activity done outside of forum effecting through purposeful availment. Will allow PJ if:
Action is expressly aimed at forum state;
Knows harmful effects would be primarily felt in the forum state.
Intentional tort
Do not ever have to actually set foot in forum –conduct caused an effect through purposeful availment.
SJ: Contractual Relationships
If there is a FSC this will generally be enough for a forum to be deemed reasonable and for ∆ to have substantial contacts with the forum.
If no FSC, only a choice of law clause à use BK TEST
prior negotiations
actual terms of K itself
course of dealings
Future consequences
For state issues like a breach of K, it can become a federal case if it (1) there is diversity; and (2) meets the $ a/c requirement.
SJ: Products Liability
O’Connor Test (pro-π test)
Putting product into stream of commerce + intent to serve market is not enough.
Must have additional conduct to show that the ∆ purposely directed activity toward the forum state.
Designing a product in forum
Directing advertising in the forum
Setting up services in the forum
Setting up distribution center in the forum
Brennan Test (pro-∆ test)
Putting product into steam of commerce + knowledge that it will be used in the forum state.
Is enough to satisfy minimum contacts
What matters is that ∆ was aware of the products being marketed in the forum state.
Two views, neither binding à discuss BOTH.
General Jurisdiction à Continuous & Systematic to Render ∆ Essentially at Home
∆ has sufficient contacts with forum to reasonable assert jurisdiction.
No connection required between the lawsuit and the ∆’s activities in the forum.
No separate reasonableness analysis unlike SJ.
Activities are so continuous and systematic as to render a D essentially at home in the forum state.
Conduct to satisfy continuous and systematic:
Authorized to do business in the forum
Performing corporate activities in the forum
Selling products in the forum
Soliciting business/ signing K’ in the forum
Employees in the forum
Maintaining corporate records/ having shareholders in the forum.
Essentially at Home
individuals à state of domicile (intent to return or remain)
can have multiple residences
can only have ONE domicile
à (1) state of incorporation
y of citizenship (§1332)
πs are only entitled to file claims that fall within the terms of theses statutes.
diversity statute construed to limit jurisdiction à reach is restricted
federal court must presume an absence of jurisdiction until it determines that rightful jurisdiction exists.
SMJ cannot be waived or agreed to by the parties (unlike PJ).
Diversity of Citizenship §1332
COMPLETE DIVERSITY
NO π or ∆ from same state
action between (1) citizens of different states; (2) citizens of a state & citizens or subjects of foreign state (alienage); (3) citizens of different states in which citizens of foreign states are additional parties.
Citizens of different states à U.S. citizenship + domicile in a state (individuals)
Corporations à state of incorporations + PPB
PPB = nerve center, where policy is made.
Un-Incorporated Associations à wherever there are members (NBA, MLB, NFL, etc.)
there cannot be alien πs and ∆s à renders diversity incomplete.
Alien jurisdiction is allowed (as long as not only aliens) under 1332(a
Alien is citizen or subject of a foreign country.
U.S. disregards alien status for individuals with permanent res. Status –for purposes of the statue they are residents of the U.S. where domiciled.
Meaning of citizen
U.S. citizen; and
Domiciled in the state
Permanent home (physical residence)
objective—you can prove residence
Intent to return/remain
subjective –what is the intent? You can show evidence tending to suggest intent (employment, declaring state residence, paying state taxes) BUT still have to put party under oath and ask ?s.
retains his/her old domicile until he/she establishes both elements required for a new one.
generally, students are not really domiciled in the forum where they attend school.
Π CANNOT create diversity à §1339 strips dist. ct. of jurisdiction in cases where diversity was improperly created.
MUST MEET MIN. A/C
> $75K – determined when case is filed, exclusive of interests and costs à amount must be met with legal certainty.
Sum of the claim made by π controls if made in good faith, it would have to appear with legal certainty that it didn’t meet min. amount to justify dismissal.
If π recovers less than the req. a/c the ct. may deny costs to the π and impose costs on the π.
Sometimes joint claims can be aggregated to meet a/c.
Single π v. Single ∆ à ALL claims can be aggregated (even if unrelated)
Single π v. Multiple ∆s à ONLY IF the ∆s are joint and severally liable.
Multiple πs v. Single ∆ à NOT if there is a separate & distinct claim by each π; ONLY if they have common, undivided interest.
Damages claim
punitive damages are permitted they can be part req. a/c.
à convert to a $ value to est. a/c look to the extent of the impairment to be prevented by the injunction (past losses & future harm)
