CHAPTER 2 COURTS POWER OF PEOPLE & PROPERTY
PERSONAL JURISDICTION
Jurisdiction Over Persons and Property
Territoriality
· 3 different types of personal jurisdiction:
o In rem; about land
o Quasi in rem: land is somehow involved but suit isn’t really about the land
o In personam: not about land at all
IN PERSONAM
2 Step Process
· Statutory Analysis
o Make sure state gives jurisdiction. If so, go to next step.
· Constitutional Analysis
General and Specific Jurisdiction
· Specific jurisdiction- when D does not have a high level of contacts with the state, so they can only be sued for a claim that arises from the state.
o Ex. If you live in AL, in order to be sued in other states, you must have a high level of contacts.
· General Jurisdiction: when D has such sufficient contacts with the state that they can be sued for a claim in the state.
o Ex- If you live in a state, you can be sued there for any claim, no matter what because living there = sufficient contact.
Statutory Analysis
· Long arm statutes- State statutes limiting personal jurisdiction over non-residents
· 2 varieties
o give full reach of constitution
o laundry list (most common)
· Reach of the long-arm jurisdiction depends upon the state
· Long-arm statutes sometimes are unconstitutional in the reach they allow
· One issue to be aware of is where the tortuous act took place and hence whose long-arm statute is applied.
o The Grey court held that a tortious act took place where the last even took place that is necessary to render the actor liable.
§ Use this when you want to use the expand the statute
o In Feathers, the court held that if the place of the wrong for purposes of conflict of laws is a particular state, the place of commission of a tortious act is also the same state for purposes of interpreting a statue conferring jurisdiction.
§ Use this authority when you want to apply the statute directly.
Constitutional Analysis (Due Process)
· Can get jurisdiction in several ways:
o Presence: If D is served in state
o Agent: serve agent while in forum state
o Domicil
g alone, are not sufficient basis for jurisdiction b/c not continuous and systematic. Selling is more likely to be viewed as continuous and systematic. (Helicopteros)
o Marriage is not sufficient contacts. (Kulko)
· International Shoe co v Washington
o Factors in applying the minimum contacts list:
§ Were the activities related to the lawsuit?
§ Were the activities continuous and systematic as opposed to casual and isolated?
§ Did D enjoy benefit under the law by their contact with the state?
§ Do their activities include more than mere solicitation?
§ Estimate of inconveniences; how inconvenient is it for this D to litigate in this state?
§ Do nature, quality and circumstances of activity render corp liable to suit?
that the maintenance of the suit does not offend traditional notions of fair play and substantial justice
