Civil Procedure I Outline

Civil Procedure Michalski Fall 2017
Personal Jurisdiction
A court’s power to bring a person into its adjudication process: IE jurisdiction over a defendant’s personal rights, rather than rely on property interests.
 
FOCUS ON PLAINTIFF – IS THERE A LEGAL CONNECTION?
 
14th Amendment – No person shall be deprived of life, liberty, or the pursuit of happiness without due process of law
 
 
Constitutional Framework
Due Process Clause (14th Amendment)
In order for a court to have power over a D
D must have adequate notice
It must be reasonable for the Court to have power of D
 
 
Full Faith and Credit (Article 4)
The FFCC requires that one state recognize and enforce the judgements of another state
However, judgements are entitled to FFC only if the court rendering them had jurisdiction
 
 
Power
The question is whether it is reasonable for the court to have power over the parties
Rule 4(k)(1)(a)
A Fed Court has the same jurisdictional reach as a court in the state which it sits
 
Pennoyer Analysis
 
Pennoyer – In the house we live in, it is the foundation
Gives us the framework for PJ
 
Keeps the court from being a money pump
Falsely filed claims sucking money out of each other for sport
Getting it wrong jeopardizes economy
Commerce occurs D/T faith of remedies R/T freedom of suit
 
Gives us 3 types of PJ
In rem (THINGS)
Property is owned within that jurisdiction
Constructive notice is OK
 
Quasi in rem (PROPERTY)
Property is attached to the suit, but the suit is not related to the property
JD over individual through property owned in that State that does not have PJ
Cause of action is unrelated to property
P must attach property at the outset of the suit
In rem and Quasi in rem must satisfy Due Process Requirement
Shaffer v. Heitner – No more Quasi in rem
Quasi in rem does not fit 14th amendments Due Process Clause
Quasi in rem can only be exercised over a person if minimum contacts to establish PJ
Corporate clients have PJ in place of incorporation and PPB
Removes exploitation of Quasi in re
Attach for PJ = NO
Attach for other reasons = YES
 
In personam (AGAINST THE PERSON)
Person is located in the state, has a domicile or property
Jurisdiction over a person either by consent or “Tag”
Burnham v. Superior Court
Tag Jurisdiction
If served within territorial borders PJ exists
Pennoyer territory rules
Fun way of PJ for π attorney
 
Exceptions to TAG Jurisdiction
Cannot drag