Civil Procedure Outline
Where to bring a lawsuit?
-Choose a court that has proper power over both the object of the lawsuit (defendant) or in the more rare case where property is seized as jurisdiction over the property and subject matter of the case
-Choose the place that has proper venue
Jurisdiction over a Person: The power of a court to enter a judgment against a specific defendant.
A. In personam: Power over the person, binds you personally.
B. In rem-Are actions that do not seek to impose person liability on anyone, but instead they seek to affect the interests of persons in a specific thing (Quiet title, foreclosure. There is no personal liability
a. Quasi In rem-Actions that would have been in personam if jurisdiction over D’s person had been attainable. Instead, property or intangibles are seized not as the object of the litigation, but merely as a means of satisfying a possible judgment against D
I. Traditional Jurisdiction
a. There are 5 traditional situations when a court can render a binding judgment against somebody.
i. Presence
1. The person has to be present when they are served
2. The “gotcha” moment
ii. Property
1. The property has to be seized or attached in order for it to be the subject of the jurisdiction
2. States have exclusive control over property in their borders
a. Problem: Timing. If property is going to be the basis , the property has to be attached to the lawsuit before judgment.
i. Pennoyer v Neff-If Mitchell had attached Neff’s property during case one, the judgment would have stuck
ii. Held:States had many of the attributes of independent nations. Ct turned to basic principles of public international law to determine when a state could govern a particular situation.
iii. Every State possesses exclusive jurisdiction and sovereignty over persons and property within its territory.
iv. No State can exercise direct jurisdiction and authority over persons and property without its territory
when D drove on highways and received benefits from the state.
a. MA-passed a statute stating that anyone using their roads consents to have an agent receive process
c. Minimum Contacts:Used to determine if an adequate nexus exists ( nexus between the forum and the defendant) Constitutional standard for fair play and substantial justice.
i. If jurisdiction in the case is in personam or quasi in rem, the court may not exercise that jurisdiction unless the D has “minimum contacts” with the state in which the court sits.
1. i.e. International Shoe v. Washington- Greatly extended the reach of jurisdiction by allowing a State to exercise jurisdiction over D who are not present in the state. The court replaced Pennoyers strictly territorial analysis with one that focused on a person’s connections with a state. Sales persons conducting business with in the state constituted the corporations min. contacts, therefore jurisdiction allowed.
CASES: International Shoe/McGee/Hanson v Denckla
