Civil Procedure Outline
Overview
Every law suit needs: PJ, SMJ, Notice, and Venue
Jurisdiction is always analyzed at the commencement of the suit.
Personal Jurisdiction
I. Does the relevant long-arm statute authorize the exercise of jurisdiction in this case?
State Court- Look at the state’s long-arm statute
Federal Court- Rule 4(k)(1)(a) directs the district court to look at the long-arm statute of the state in which the district court is located.
Coextensive long arm statutes: Allow jurisdiction up to what is Consistent with the U.S. Constitution (like C.A.)
If this not satisfied than no PJ
If Yes than go onto constitutional analysis
II. Does the DPC authorize the exercise of jurisdiction in this case?
A. Is there a traditional basis for jurisdiction?
1) Consent by defendant
2) Was defendant personally served in the forum state
3) Is the Defendant a domiciliary of the forum state
Domiciliary: Physical Presences and intent to remain for individuals only
If Yes than PJ is authorized and in personam jurisdiction would be exercised unless the long-arm statute specifically says otherwise.
If No then go onto International Shoe Analysis
Why Quasi in rem still matters.
i. Only matters in regards to damages
ii. If a state’s long arm statute sets up quasi in rem jurisdiction, then even though a minimum contacts requirement is still necessary, and even though the DPC would actually allow in personam jurisdiction, thus damages could be awarded in regards to everything the person owns, the long arm statute still must be followed and therefore ct. can only award for a quasi in rem case which is only up to the value of the land. Still, a minimum contacts analysis is required.
Effects on in rem and quasi in rem from Shaffer v Heitner
i. Pennoy
o develop if corporation is present.)
Why Minimum contacts are important
Volkswagen: court says minimum contacts analysis is important for two reasons.
1) Fairness- minimum contact requirement protects D from the burdens of litigating in a distant or inconvenient forum.
2) Sovereignty- .Sovereignty and state borders are important to the court so minimum contacts are required so sovereignty is not imposed upon. Minimum contacts requirement ensures that states don not reach out beyond the limits imposed on them by their status as coequal sovereigns in a federal system.
B. International Shoe Test
Minimum contacts- Does the defendant have sufficient contacts with the forum to support the exercise of jurisdiction
