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

Substantive Due Process: primary restraint of due process
–        Traditional basis of In Personam (against a person): Valid Jurisdiction
o       Present in the state:
§         Pennoyer v. Neff: Every state possesses exclusive jurisdiction over persons and property within its borders. No state can exercise jurisdiction over people or property outside its borders.
§         Transient Jurisdiction (tag—you’re it): Valid unless obtained through fraud or against other judicial proceedings
o       Consent to Jurisdiction:
§         Express: Written or oral, but reasonable
·        By contract: Forum Selection – reasonable test applies
·        By waiver (see notice)
·        Counterclaims – filing in forum state only
·        By not doing something procedurally
o       Domiciled – License, registered to vote, vehicle registration, home: intent to stay indefinitely
–        Expanded: Long-Arm Statutes (must satisfy long-arm, fairness, and minimum contacts tests for jurisdiction)
o       Unlimited Long-Arms go as far as Due Process will allow
o       Limited Long-Arms laid out in state statutes
o       If no Long-Arm, use rules from Pennoyer v. Neff
–        Specific Jurisdiction (contacts with state gave rise to cause of action)
o       Contacts enough?
§         Systematic and Continuous nature of ∆’s contacts
§         Relation between ∆’s contacts and the cause of action
·        International Shoe: Is jurisdiction valid?—
o       Cause of action arose from the ∆’s systematic and continuous activities in the forum state: YES
o       Cause of action is unrelated to systematic and continuous actions: Case by Case
o       Cause of action arises out of an obligation or liability from single or occasional acts of a corporate agent: Case by Case
o       Cause of action is unrelated to single, isolated activities of a corporate agent or there is only a casual prese

s—rarely satisfies
·        In between—coupons, follow-ups—may satisfy
–        General Jurisdiction (contacts didn’t give rise to c/a, still have jurisdiction)
o       Contacts must be super-systematic and continuous
o       If incident giving rise to cause of action happens outside forum state, but is related to contacts within the forum state, courts may give general jurisdiction
–        Fairness/ Convenience Test (fair play and substantive justice)
o       Severity of burden on ∆ — ill, witnesses, etc.
o       Interest of forum state to adjudicate the claim
o       Interest of Π — ill, witnesses, etc.
o       Interest of all states — social policy, predict where you can be sued
§         Effective resolution of disputes
Minimum burden on interstate commerce