Jurisdiction
General Jurisdiction—————————————————————————————-
GENERAL JURISDICTION IS FOUND IN THE FOLLOWING CONTACTS
a. A corporation organized under the forum state’s laws.
b. A corporation w/ its most significant activities in forum (principle place of business)
c. A natural person domiciled in the forum.
d. Individual temporarily in the forum, but does not live there and the cause of action did not arise there
– Burnham v. Superior Court: Nonresident was personally served process while temporarily in that state, in a suit unrelated to his activities in that state. 4 justices say you can serve no matter why he is here or how fleeting his visit is. Acquire jurisdiction by serving him with process. Other 4 say no, still need minimum contacts.
– IF NOT, YOU MUST CHECK TO SEE IF THE D IS DOING BUSINESS IN THE FORUM.
a. What are the nature and quality of D’s acts in the forum?
b. Did D purposely avail himself of priviledge of conducting activities in the forum, thereby invoking benefit and protection of forum’s laws?
c. Was it foreseeable that D would be haled into court in the forum?
d. Are D’s activities in the forum systematic and continuous?
– Have jurisdiction over person in state domiciled.
– Have jurisdiction over corporation where incorporated and where have most significant activities.
· General Jurisdiction Based on Property
– In rem jurisdiction – a courts authority over a thing so that its judgment is binding in respect to the rights and interests of all parties in that thing—jurisdiction for anyone
– Quasi in rem – a courts authority over the D’s property within a specified geographical area, against specified individuals
– The property must be related to the claim
– Case: Schaffer v. Heitner
– P brought a derivative suit against D directors for antitrust losses it had sustained in Oregon. The suit was brought in Delaware, the D state of incorporation. Jurisdiction was based on the sequestration of D stock which was deemed to be located in the stte of incorporation. The Delaware sequestration statute allowed property within the state to be seized ex parte to compel the owner to submit to the in personam jurisdiction of the court.
– Jurisdiction cannot be found over property unless sufficient contacts have been established as in International Shoe.
– Schaffer can go under “general jurisdiction”
· General Jurisdiction Based on Service
· Defendant must:
· be served within the state
· cannot be a president of a corporation
· General Jurisdiction Based on Doing Business
· General Jurisdiction based on a Corporation in IL
1. Long Arm Statute: IL 2-209
There are three sections to this statute. Analyze the fact of the problem un
d them to reside in this State;
(10) The acquisition of ownership, possession or control of any asset or thing of value present within this State when ownership, possession or control was acquired;
(11) The breach of any fiduciary duty within this State;
(12) The performance of duties as a director or officer of a corporation organized under the laws of this State or having its principal place of business within this State;
(13) The ownership of an interest in any trust administered within this State; or
(14) The exercise of powers granted under the authority of this State as a fiduciary.
Last Event Doctrine:
– the tortuous act occurs where the “last event” happens.
– EX: A products liability case for a defect in a car which causes personal injury in a car accident. The “last event” would be the car accident, not the design or manufacture.
EX: IL resident goes to KY to hire a lawyer to file an appeal in Chicago, which is mishandled. Appeal will be deemed filed in KY, since the last event of the suit was the lawyer’s act in KY. Yates v. Muir
