Civil Procedure I Outline

Civil Procedure I Outline
Susan Persaud
Personal Jurisdiction
The power of a court to adjudicate over a defendant and to require the defendant to come into the state to defend themselves; render a judgment that will be entitled to full faith and credit.
Issue- Can a State exercise PJ over a non-resident defendant, over a controversy arising out of d’s contacts w/ that State, w/o offending due process? A State can exercise PJ over a non-resident d when ; 1) the d has sufficient minimum contacts with that State and the controversy arises from those contacts; and 2) an exercise of jurisdiction would not offend traditional notions of fair play and substantial justice as denoted by the 5th and 14th amendments of the U.S. Constitution (due process).
POWER, CONSENT, NOTICE
Four types –
In personam – In personam jurisdiction is obtained by voluntary appearance, presence in the state, doing business, domicile, consent, agency International Shoe
i. In rem- Obtained when the defendant can’t be reached, yet owns property within the state that is related to the litigation.
a. attaching property that is related to the litigation before the lawsuit (well hypothetical)
ii. Quasi in rem – a form of in rem
a. attaching property that is not related to the litigation in an effort to encourage a “special appearance”
b. special appearance- the D only appears in court to object personal jurisdiction
c. abolished by Shaffer
iii. Status
a. This method can only be used in cases of family law or divorce purposes where the state has jurisdiction over their citizens regardless of where they are.
b. Status jurisdiction is the power of a state to adjudicate over residents no matter where they are for purposes of family law suits. This type of case is civil case, and therefore we cannot obtain this type of jurisdiction.
Need one of the following to have personal jurisdiction –
Power
Consent
c.
d.
e.
f.
Discretionary clause Forum selection clause, by agreeing to arbitration there – must be made in good faith Before or after filing a suit
Domicile and Residence
g.
h.
i.
Residence – if there is more than one residence, then the P can forum shop State sovereignty over its citizens regardless of where they are
Corporate Presence and “Doing business”
j.
k.
l.
m. Minimum Contacts
i.
ii.
iii. Asahi
– “traditional notions of fair play and substantial justice”
1. Do we have purposeful availment?
a. No. Dismiss the case.
General jurisdiction – contacts with the state are so substantial that they support jurisdiction for claims unrelated to the contactsSpecific jurisdiction – the litigation arises out of the contacts within the state
– Three prong test; continuous & systematic, (1) stream of commerce (substantial economic benefit; goods entered into stream of commerece), (2) purposeful availment of benefits and protections of the state, (3) reasonable foreseeability (of being haled into court); fair play and substantial justice ( a)extent of purposeful interjection into the forum state; b) burden on the defendant to defend in the forum state; c) existence of an alternative forum (courts defer to p’s choice); d) forum state’s interest in adjudicating the dispute (state has interest in disputes regarding their citizens) ; e) importance of the forum to p’s interest in convenient and effective relief; f) most efficient judicial resolution of the controversy (where is the evidence or the bulk of the testimony?); g) extent of conflict w/ the sovereignty of d’s state (forum shopping)). Presence = Sufficient contact “Doing business” = presence and consent
Corporations- place of incorporation and principle place of business Domicile – intent to remain indefinitely and facts surrounding the move there Expressed or implied
a. Power, consent, notice
b. Physical presence or property in the state
b. Y