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Civil Procedure II
UMKC School of Law
Grover, Susan S.

Civil Procedure II

Does the court have jurisdiction to hear the case?

Const. preempts statute, fed. Law preempts state law, statute preempts case law

Federal Courts: limited SMJ, diversity get power from const., stattue & FRCP., usually includes bankruptcy court (not small claims though),

When says the district courts should have original jurisdiction..- applies to federal courts

2 Types of Jurisdiction:
1) Subject Matter Jurisdiction
2) Personal Jurisdiction
(When determining whether court has 1/2 then assume 2/1)
PJ waivable, SMJ is not

Issue to Consider:
1) Whether court has power
2) Whether power was properly asserted

Court assumes there is PJ over D until D challenges it
BURDEN is on the D to prove why no PJ

Purpose: Recognizes & Protects individual liberty interest
-> Court is only worried about PJ over D, not P, although court does have interest in protecting its states citizens but D’s connection to forum is bigger factor.

2 Requirements:
1) Procedural Due Process: must have adequate notice & opportunity to be heard
2) Substantive Due Process: court has power to act

-> If in-state D served in state- yes
-> If out-of state D served in state, – mere presence idea- Pennoyer, prob. Yes- Burnham case
-> If an out-state D not served in state- must meet min. contacts requirement or continuous & systematic

Determine if General or Specific:
Specific Jurisdiction:D’s purposeful act gave rise to or relates to cause of action- minimal minimum contact w/in forum state required (includes: in rem)
Asahi case

General Jurisdiction:D’s purposeful act did not give rise to or relate to cause of action- continuous & systematic achieving w/in the forum state required
– Helicopteros Nacionales de Colombia case
– Perkins v. Benquest Consolidating Mining Co.

2 Kinds of Jurisdictions over the parties-1 must be present
1) In Personam
premise: where a D’s contacts are sufficiently extensive in the forum state, it is neither unfair nor inconvenient to require it to defend any lawsuit there, including ones that arise in other states.

D personally liable & all of the persons assets can be used to satisfy judgment & judgment can be sued upon in other states
Categories can fin in-personam jurisdiction over an individual are:
1. Presence – in state service upon the person
Burnham v. Superior Court

Transient Jurisdiction: permits a state to exercise jurisdiction over a D even if he was only present in a state for a short period if he was served there – Kulkc v. Superior court

2) Consent – filing suit there or if show up to defend your case
Ponnoyer v. Neff
3) Domicile – must be current dwelling w/intention to remain indefinitely
4) Status
5) State corporations
general in personam jurisdiction based on extensive contacts doesn’t apply to ind

Minimum Contacts requirement
-> must meet this requirement for in personam or quasi in rem (Shaffer case)
-> Property owned in forum state has been deemed enough for PJ even if D lacks min. contacts (in rem)

D has minimum contacts that make the exercise of jurisdiction consistent w/traditional notions of fair play & substantial justice – International Shoe v. wash

Test of Minimum Contacts- International Shoe v. Washington
-> idea that D, by choosing to engaged in activities in a state, submitted to litigatioN there if claim arose out of those voluntary activities in the state

Claims ARISING OUT OFD’s voluntary in-state business or w/ residents of forum state (specific jurisdiction)
-D must have purposefully availed itself of the chance to do business in the forum state (hanson & mcgee cases)
– limitation: only if claim is asserted against D on those voluntary contacts- shoe
– court does not acquire jurisdiction by being the center of gravity of a controversy or the most convenient location for litigation (hanson)

-International Shoe v. Washington
-McGee v. International Life Insurance Co.