Civil Procedure II
OUTLINE
JURISDICTION
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
NEED BOTH
(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
PERSONAL JURISDICTION
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
CESS – COURT MUST HAVE POWER TO ACT
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)
examples:
-International Shoe v. Washington
-McGee v. International Life Insurance Co.
