I.PERSONAL JURISDICTION (WHAT STATE)
DEFINITION
1.In personam
2.In Rem
3.Quasi In Rem
B.SOURCES OF LAW
C.ESTABLISHING PJ OVER AN IN-STATE DEFENDANT (IS IT THERE?)
1.Domicile (D is there)
2.Tag/Transient Jurisdiction (D served with process while there)
3.Quasi in rem (overruled via Shaffer; must satisfy same requirements as in personam)
4.Consent (D consents to bring there)
5.Waiver (D fails to object to assertion that D is there)
D.ESTABLISHING PJ OVER AN OUT-OF-STATE DEFENDANT (IS IT FAIR?)
1.Statutory Analysis (Long-Arm)
a.Nonlimiting
b.Limiting
2.Constitutional Analysis (International Shoe-the exercise of personal jurisdiction will not offend traditional notions of fair play and substantial justice)
a.Minimum Contacts
i.Purposeful Availment
a.Directed Activity
b.Stream of Commerce Theory (Asahi)
1.Mere Awareness
2.Mere Awareness Plus
c.Effects Test
d.Internet Cases
Predictability/Forseeability/Fair warning rationale
Relatedness Factors
General Jurisdiction
i.Substantial, systematic and continuous
State of Incorporation
Domicile
Tag/Transient
Specific Jurisdiction
Cause of action arises out of or relates to contact in forum
b.Reasonableness Factors
a.
b.
c.
d.
e.
E.Attacking Lack of Personal Jurisdiction
1.Direct Attack- file an answer and assert it as a defense, or motion to dism
2.Collateral Attack- don’t respond to lawsuit, default judgment filed against you and then you come into court and attack PJ
NOTICE
Mulane
Full Faith and Credit Clause
5th and 14th Amendments
Rule 4- just need to know A-C,D
Ø Mulane:The Due Process Clause requires that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity to be heard
Ø Proper service is a prerequisite for the exercise of jurisdiction, but it does not by itself confer jurisdiction. Must separately determine whether there is PJ, SMJ, and venue
Rule 4 (A-C)
Ø Summons and Complaint must be served together on D after the Complaint is filed
Ø P is responsible for preparing the summons in the appropriate form and for achieving effective service on D
Ø Process server may be any adult
ions – Divorce and Probate do not get federal question juris.
Creation Test – Claim arises under the constitution, laws or treaties of the US. (look for words like “federal” “US” “USC”
Federal Ingredients Test (Grable and Sons) – State law cause of action but there is a federal issue that is a huge part of the claim which needs to be resolved. Is it sufficiently important to “federalize” the case
Well-Pleaded Complaint Rule (Mottley)-A suit “arises under” federal law only when the plaintiff’s statement of his own cause of action shows that it is based upon federal law. P cannot invoke the original jurisdiction of a federal court by either anticipating a federal defense or otherwise importing a federal question into his complaint that is not essential to his case. The Potential of a federal question is not enough
B.DIVERSITY JURISDICTION (28 U.S.C 1332)
