STEPS OF THE CASE
Table of Contents
1. Personal Jurisdiction (State You Can Sue In)
(A) State Statute
(B) Constitutionality
2. Subject Matter Jurisdiction [System You Can Sue In (i.e. State or Fed. Court)].
(A) Federal Question, or
(B) Diversity
(C) Additional Claims
* Must have SMJ (Fed or Diversity Claims)
* Supplemental Jurisdiction
3. Venue
4. Notice
5. Pleadings
6. Joinder
7. Pre-Trial Adjudication
8. Motions
9. Preclusion
3 THINGS YOU NEED FOR A PROPERLY FILES CASE
1. Personal Jurisdiction
2. Subject Matter Jurisdiction
3. Venue
1. PERSONAL JURISDICTION (PJ)
Determines the state the claim can take place in.
3 Kinds of PJ
1. In Rem (Over property)
2. Quasi In-Rem
3. In Personam (Over the person)
2 Elements Required for PJ
A. State Statute
B. Due Process/Constitutionality
IN PERSONAM
A. State long-arm statutes
– Statute gives state authority over certain cases.
– State can limit the authority to its courts or give it the same amount of amount
of authority as the constitution would allow. But, it cannot give more
authority than the constitution will allow.
FRCP 4(k)
* Service of Summons, or Filing of Waiver of Service is effective to establish
jurisdiction over the defendant when…
– The court could normally subject the defen
the summons is issued, or
– A party who is subject to interpleader jurisdiction under 29 U.S.C. § 1335, or
– When authorized by a statute of the United State
B. Constitutionality (14th Amendment for states; 5th Amendment for US)
a. Specific jurisdiction
Elements:
1) Minimum Contacts
* Purposeful Availment
* Claim arises out of, or is related to transaction or property
2) Foreseeability
* Must be foreseeable that you can be sued their given you contact
3) Fairness test (Stream of Commerce and Contracts)
International Shoe v. Washington
Incorporated in Delaware w/ salesmen Washington. No offices there. Washington
served Shoe through their salesmen & by mail to their home office in St. Louis.
Washington didn’t sue under quasi in rem, although it could have, because the
only property there was shoe samples. Also, you can only sue up to the value of
the property.
Contacts Inadequate Contacts
Salesmen (11-13) No Office
Rental Show Rooms No Manufacturing Plant
Shoes Principle Place of business Missouri
Generated 31K a year Incorporated in Delaware
Commissions/Salaries No Stock
