Outline For Civil Procedure
I. Person Jurisdiction
a. Personal Jurisdiction is assumed. If lacking, Defendant must raise it
b. Ways to acquire it
i. Personal service within the state
ii. Domiciled in the state is sufficient, even if out of the state currently
iii. Consenting to Jurisdiction
1. Bringing action in a state is submitting yourself to related claims
a. Raising lack of personal jurisdiction issue is only exposing yourself enough to argue the personal jurisdiction issue.
2. Lawyer immunity (Split)
a. Coming into state for a client is consent to jurisdiction
b. Coming into state for a client is not consent to jurisdiction
3. Witnesses do not have immunity. Consenting to jurisdiction in state
4. Criminal v. Civil Suits
a. Presence to defend against criminal is not susceptible to civil
b. Presence to defend against civil is susceptible to criminal
c. Due Process Requirements to acquire jurisdiction when party is not in the state
i. Nonresident motorist statute
ii. Purposeful availment requirement: Defendant’s act must be purposefully avails itself of the privilege of conducting activities within the forum state, thus involving benefit and protections under it’s laws
1. Minimum Contacts Jurisdiction
a. Defendant must have certain minimum contacts with the state, such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.
b. Minimum Contacts
i. Stream of Commerce: Manufacturers who can anticipate or forsee a product entering the forum state; arising out of their efforts to distribute, etc. are susceptible to suit in that state
1. O’Connor View
a. The placement of a product within the stream of commerce is not automatically purposeful
sing from the activity in the state.
iii. Long arm statute
1. Can only extend to the limits of due process
d. Road Map for analyzing a personal jurisdiction issue (a ‘yes’ answer establishes jurisdiction)
i. Is Defendant a person or corporation?
1. Person
a. Physically present in the state?
b. Domiciled in the state?
c. Consent to jurisdiction?
2. Corporation
a. Incorporated in jurisdiction?
b. Principle place of business in the jurisdiction?
c. Consent to jurisdiction?
ii. Look at the long arm statute
1. Does it go as far as due process, interpret it. How far does it go
iii. Establish contact
