Civ Pro. Jurisdiction
***This is not all inclusive. This is a cursory review outline for final exam. Aspects omitted.***
Subject matter jurisdiction
: the types of claims that may be litigated in that
person/ property. The determination is always geographically directed (ex. Location of property for In Rem and contacts with forum for In Personal).
Consists of either:
In Personam Jurisdiction or
In Rem Jurisdiction.
: location of trial and characteristics of
c. Due Process: how the court must operate during adjudication of claim.
t guarantees that no person shall be deprived of life, liberty, or
property without Due Process of Law.
2. Due Process
a. REQUIRES: Fair Notice
Personal (territorial) jurisdiction
3. Finding Jurisdiction in a court of law:
REQUIRES FINDING OF:
Subject Matter Jurisdiction
a(1). SUBJECT MATTER JURISDICTION:
Louisville RR v. MOTTLEY:
The Federal Nature of the Claim MUST BE APPARENT
Disputes as to Personal Jurisdiction must be raised by ∆, but court (and ∆) may
Raise disputes as to SMJ.
REDNER: v. Sanders
1332. If a suit occurs between citizen and one of a foreign state
SADDEH v. FAROUKI
1332a last sentence interpreted: for diversity jurisdiction purposes, a legal foreign resident of the US will be considered a citizen only if it DEFEATS DIVERSITY.
If doing so will confer jurisd, ∆ will not be considered a citizen.
Intent of the legislature to limit diversity jurisdiction, not to expand, court doesn’t want to hear cases between people who are not citizens.
a(2). Supplemental Jurisdiction
State claim can be joined to a Fed Claim when
the two claims share a common nucleus of operative facts
facts allege a series of steps, are inseparable, or arise from e.o.
it serves judicial economy, convenience, and fairness
(distilling law fr
into stream of commerce), contacts must
be cognitive and beneficial.
WWV: Reasonableness: balancing test: burden on ∆ vs.. other interests.
Foreseeability. Conduct enough to anticipate litigation in the forum.
ASAHI: Stream of Commerce + activity directed at the forum.
BK: Fair Warning by signing contract, deliberately reached to Fla for benefits.
McGEE: Dispute grew from k, substantial connection to the state.
Minimum contacts standard
fairness & justice
reasonable for ∆ to be subjected to forum in foreign state
Reasonability Balancing test=
Shared interests of states re: policiesEfficient resolution of conflicts∏ interests
Burden of ∆ vs. states interests
c. Finding general jurisdiction.
v. Ministry of State Security