Civil Procedure Outline
3 Things needed for a valid judgment: personal jurisdiction, subject matter jurisdiction and venue.
I. Personal Jurisdiction
Definition: the power of a given court to issue a judgment that is binding on a person or affects his property.
Sources of Law:
· Full Faith and Credit Clause: requires judgments to be respected and enforced in other states only if the court rendering the judgment in the first instance had jurisdiction.
Establishing PJ over an in-state Δ- is it there?
A. domicile
B. tag/transient jurisdiction
C. Quasi in rem (overruled by Shaffer)
D. Consent
E. Waiver
Establishing PJ over an out-of-state Δ (is it fair?)
Statutory Analysis (long-arm)
i. Nonlimiting
1. allows state to assert personal jurisdiction over out-of-state Δ to fullest extent permitted by constitution
ii. Limiting/tailored/enumerated
1. specifies certain conditions under which state can exercise PJ over out-of-state Δ
Constitutional Analysis (International shoe the exercise of personal jurisdiction will not offend traditional notions of fair play and substantial justice)
i. Minimum contacts
1. purposeful availment:
a. Δ makes a deliberate choice to engage in activities in another state
b. Derives from Δ’s voluntary contact with a state
c. Δ that chooses to conduct activities within a state accepts reciprocal duty to answer for the activities in that state
d. Δ limited to claims arising from that limited contact- specific jurisdiciton
ii. stream of commerce theory (Asahi)
1. mere awareness
2. mere awareness plus
iii. Effects Test: Calder Case:
1. minimum contacts sufficient to support specific jurisdiction can be established by intentional conduct taken outside the state where actor knows and intends that the effects of the conduct will be felt in the state
a. Example: shooting a gun at someone from Monroe into Ohio
iv. Internet Cases
1. Interactive v. Passive scale
Relatedness Factors
i. General Jurisdiction: controversy need not be related to Δ’s contacts with the forum
ii. Contacts must be:
1. substantial- money value
2. systematic- regular basis
3. continuous- uninterrupted
bstantive social policies
1. Foreseeability that product might end up in state not enough
2. jurisdiction is appropriate only where the Δ’s conduct and connection with the forum are such that he should reasonably anticipate being hailed into cour there
II Notice
Notice: notice reasonably calculated, under all of the circumstances, to notify Δ of action
Mullane:
notice must be reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections
notice must reasonably convey the required information and it must afford a reasonable time for those interested to make their appearance
Full Faith and Credit Clause
5th and 14th amendments
Rule 4- requires more than the constitutional minimum
Sets out the procedure for notify a Δ that a federal civil lawsuit has
