Civil Procedure
JURISDICTION: Constitutional Requirements
A. Art III, §2: Establishes federal courts and limits federal judicial authority
§ If Congress can’t add to federal court’s jurisdiction, then private parties can’t do so by their consent.
B. Art IV, § 1: Full Faith and Credit Clause: Full faith and credit is given in each state to the judicial proceedings of every other state if court rendering decisions had jurisdiction to do so.
C. 14th Amendment: Due Process Clause:
Parties directly affected by court action must receive fair and adequate notice of action.
Must be minimum contacts b/w D or D’s property and the forum state so that jurisdiction is fair and reasonable.
D. Respective court systems must respect each other’s laws.
§ Balance b/w federal and state governments.
I. Personal Jurisdiction
A. Traditional Bases of Jurisdiction: Deals with a court’s right to adjudicate over a party; has evolved with changing commerce, transportation, and communication to be more broad than originally conceived.
1. Pennoyer v. Neff
§ Mitchell claimed Neff owed legal fees to him and sued Neff, a nonresident who was not personally served and did not appear at suit. So default judgment entered against Neff in Oregon. Mitchell then brought up issue of Neff’s ownership of land in Oregon to satisfy the judgment; seized land and was sold to Pennoyer. Neff sues Pennoyer in FC for possession of land. SC finds no jurisdiction b/c Neff not validly served in Oregon and property not attached until after judgment.
a. 2 reasons court wants to be able to uphold:
1. state has sovereign power over persons and property w/in territory or state.
2. no state can exercise direct jurisdiction and authority over persons and property w/o such territory (this is prob here–property wasn’t attached at outset of the suit.)
b. Court can have jurisdiction over the person when:
a. He appears voluntarily to answer charged without having been served.
b. He is served in person within the territory of the state
c. He is served process by publication and he has property within the forum state.
i. can be real estate, bank account, or debt owed to the plaintiff.
ii. Seizure of D’s property wit
esence can be physical
c. Presence can be thru minimum contacts….
d. In rem–the court exercises its power to render judgment to determine the status of property located within a territory and determination of the court is binding with respect to all with interest in the property. Property is the issue.
e. Quieting title
f. Someone hurt on the property
g. Quasi-in-rem–Recovery is limited to the value of the property present in the forum state. Substance of the case has nothing to do with property.
h. Attaching the property….
i. Deals interest in the property…
j. NOTE: Shaffer says that this is the same as Personal Jurisdiction
B. Expanding the bases of personal jurisdiction
1. Milliken v. Meyer: general jurisdiction available in state of domicile.
Rationale: person who lives under privilege and protection of the state owes reciprocal duties and responsibilities.
