Civil Procedure Outline – Fall 2006
Professor Ravenell
I. Personal Jurisdiction – the ability of a court to exercise power over a particular defendant or item of property. Primary limitations on personal jurisdiction are found in state statutes and the US Constitution. To meet Constitutional requirements for jurisdiction, the defendant must have contacts with the forum and adequate notice.
There are two main categories of personal jurisdiction:
In Personam – exists when the forum has power over the person of a particular defendant. Jurisdiction is usually not an issue because the plaintiff accedes to the court’s jurisdiction by bringing suit in that court. Rulings made on defendant will be upheld in all states according to the “full faith and credit clause.”
General – the plaintiff can be held in suit for all claims brought against him in that forum
Specific – the plaintiff can only be held in suit for claims arising out of his contacts with the forum
In Rem – Is created when you attach property before or at the same time as filing the complaint. Exists when the court has power to adjudicate the rights of all persons in the world with respect to a particular item of property. This is necessary when the item is within the physical borders of the state and all parties regarding the property’s ownership and use must be bound. Because In Rem relates to property, damages relate to the sale of the property.
True In Rem – Arises when you seek to adjudicate title of property against all other claims (Pennoyer).
Quasi In Rem Type 1 – Only involves the interests of the parties in the suit but a third party can claim that he has better title. Unlike “In Rem” jurisdiction it does not allow the court to determine the rights of all persons in the world with respect to the property. The judgment does not bind the defendant personally and cannot be enforced against any other property belonging to defendant.
Quasi In Rem Type 2 – This is created through attachment. It exists when the court has power to determine whether particular individuals own specific property within the court’s control. If you attach property at the beginning of a lawsuit, this is a basis for exercising jurisdiction in the forum where the property is located.
Steps in Analyzing Jurisdiction Questions:
1. Is it specific or general jurisdiction?
2. Are there minimum contacts? If no – no jurisdiction. If Yes, next question.
3. Are those minimum contacts “fair and reasonable” according to Shoe? If no – no jurisdiction. If Yes, next question.
4. Are there any State statutes that prohibit jurisdiction? If yes, – no jurisdiction. If no, next question.
5. Does jurisdiction violation Constitutional liberties? If yes, – no jurisdiction. If no, you have jurisdiction!
Specific Jurisdiction Cases:
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CASE: Pennoyer v. Neff
Facts: Neff has property in Oregon and lives in Calif
s and those obligations aren’t undue.)
Specific Jurisdiction – Appropriate when the defendant has a single act or continuous but limited activity arising from the claim and can only be sued in that state with regard to claims arising from those specific activities.
General Jurisdiction – appropriate when the defendant’s activities in the state are so substantial and continuous that she would except to be subject to suit there on any claim and would suffer no inconvenience from defending there.
Shoe Spectrum – (No Jur. – NJ, Specific Jur. – SJ, General Jur. – GJ)
No contacts casual or isolated single act continuous but limited substantial or pervasive
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NJ NJ SJ SJ GJ
** minimum contacts must arise from the claim
** the degree of strength of the contacts does not matter. They just must exist.
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CASE: World-Wide VW v. Woodson
