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Civil Procedure I
University of Toledo School of Law
Klein, James M.

                                         Broad Concepts:
GENERAL:
7 points to look for when determining jurisdiction:
SPiNSV. RoW
1.      Subject Matter Jurisdiction
2.      Personal Jurisdiction
3.      Notice & Opportunity to Be Heard
4.      Service of Process
5.      Venue
6.      Removal
7.      Waiver (Where possible, SMJ cannot be waived. Waifer of JOPOT, Process, and Venue is addressed in FRCP 12(H)(1).
 
 
JOPOT – (Jurisdiction Over Persons Or Things) Requirements for Personal Jurisdiction
GENERAL:
2 ELEMENTS:
·         State limitations on the authority of state courts to exercise personal jurisdiction
§         Long arm statutes
·         Notions of fair play (Due Process clause)
§         Contacts
§         Notice
 
DUE PROCESS (contacts):
·         Consent to jurisdiction
§         By contract (Forum Selection Clause)
§         Waiver (Appearance in court)
§         Counterclaims
§         Consent to determine jurisdiction
 
·         Transient jurisdiction (“tag” jurisdiction)
§         Just moving through state. (rock star on tour)
·         Minimum contacts
§         Magnitude of defendant’s contacts
§         Purposefulness of defendant’s contacts (purposeful availment)
§         Systematic & continuous nature of defendant’s contacts
§         Relation between defendant’s contacts & the cause of action
§         Availability of witnesses & evidence
§         Forum interest in a suit
 
·         Jurisdictional discovery
·         Specific jurisdiction v. General jurisdiction
Specific Jurisdiction
o        Contact with the forum state gives rise to the cause of action within the forum state.
 
General Jurisdiction
o        Contact with the forum state did not give rise to the cause of action.
 
STATE LIMITATIONS: Long-Arm Statutes
·         Consent
·         Service within a state
·         Overlap with due process
 
DUE PROCESS (notice):
Generally, due process guarantees the following (this list is not exhaust

r 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or
      (C) when authorized by a federal statute.
   (2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:
      (A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and
      (B) exercising jurisdiction is consistent with the United States Constitution and laws.
 
Part (B) above is referred to as a “bulge” as it allows jurisdiction to bulge 100 miles beyond the border.
“impleader” allows in the lounge-chair-hypo to join a 3rd party (the manufacturer) if he is within 100 miles