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

Substantive Due Process: primary restraint of due process
– IN PERSONAM(against a person) (Traditional Basis)
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
· Failing to assert a defense of lack of personal jurisdiction
o Domiciled – License, registered to vote, vehicle registration, home: intent to stay indefinitely
– SPECIFIC JURISDICTION (must satisfy long-arm, and due process (fairness, and minimum contacts tests) for jurisdiction) (Expanded Basis)
o Long-Arm Statutes
§ Unlimited Long-Arms go as far as Due Process will allow
§ Limited Long-Arms laid out in state statutes
§ If no Long-Arm, use rules from Pennoyer v. Neff
o Fairness/ Convenience Test (fair play and substantive justice)
§ Severity of burden on ∆ — ill, witnesses, etc.
§ Interest of forum state to adjudicate the claim
§ Availability of witnesses / evidence
§ Interest of Π — ill, witnesses, etc.
§ Interest of all states
· Social policy, predict where you can be sued
· Effective resolution of disputes
· Minimum burden on interstate commerce
o Minimum Contacts (contacts with state gave rise to cause of action)
§ Magnitude of Δ’s contacts: Money, nature/size of wrong
§ Systematic and Continuous nature of ∆’s contacts
· One contact may be enough if strong connection to state
· Contract in state may be enough
· Sales and purchases in forum state may not be enough
§ 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 presence of a corporation: NO
§ Contact by ∆ must be purposeful
· Deliberately engages in activity in the forum state
· ∆ reasonably foresaw being haled to court in forum state
o Stream of Commer

y clear)
§ Seizure or attachment at beginning of suit; while in forum
§ Notice
§ Requirements of fair play: minimum contacts
· Only required if suing on the merits
o If suing to enforce a judgment, fair play is not needed
· Apply International Shoe standard
· Probably no jurisdiction if property is not connected to c/a, or is fundamentally unfair to the defendant
· Property alone may still be enough to meet standards, especially if real property
– In Rem Jurisdiction: Against property in a forum; no personal liability; determining rights against all in the world against that property
o Must satisfy:
§ Thing(s) of value
§ Territorial requirements
§ Seizure/attachment at beginning of suit
§ Notice (often by publication)
§ Requirements of Fair Play and Substantive Justice (Usually not a problem)
– Rule 4(k)
o Service of summons or filing a waiver of service is effective to establish JOPOT over the defendant if:
§ Subject to jurisdiction in state where district court sits
· Traditional Basis, or