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Civil Procedure I
WMU-Cooley Law School
Moore, Martha Denning

Civil Procedure I – Martha Moore, 2009

1 DO NOT SAY we have to first establish minimum contacts
A those are established by the entire lower analysis.
B It is not a separate and distinct analysis it is established by going through that analysis.
2 SAY
A “we have to establish that the ∆ meets the requirements under the minimum contacts std. The purposeful cont are (define)(say what the purposeful contacts are), these contacts are purposeful b/c ——-, next we must look to is if it was predicable that the ∆ could have been haled into court under this claim bla bla bla though the process!.
B Minimum contacts is the conclusion that is reached once we have done this analysis.
3 Minimum contacts is a two prong test
A Part one do mc exist with the state, if this is established
B Part two is it reasonable?
I If yes then the minimum contacts ananlysis is satisfied then we say jurisdiction exists.
DOES NOT LIKE GENERAL JD!!!!!!
Before we go to the constitutional analysis (m/c) must look at the long arm statutes!!!
Intellect
Question 4A after international shoe (good example of how to do an analysis!!)
1 Purposeful?
A Driving through co using co road
2 Predictable?
A General Jurisdiction?
I Sub/sys/cont ? if No then go on to à
B Specific Jurisdiction
I Identify claim itself
1) Tort based on truck hitting pedestrian
II Does the claim arise out of the contact w/ the state?
1) Yes, came from accident on co road
III WE HAVE now established minimum cont under specific jurisdiction so we must now look to the reasonableness factors to see if they will defeat this jurisdiction
3 Reasonableness factors
A 5 from case, if they do not defeat and it is thus reasonable jd exists (this is the constitutional part of the analysis)

Question 4B
1 Purp contacts à yes sales men selling shoes
2 Predictable?
A Sub sys con for general à not sub in overall context of company operation NO
B Specific jd
I Identify claim itself à tort in co
II Does claim arise out of contact with the state?
1) No, it occurred in co, could try to argue that it was on it’s way to washington, and could try to argue that they could expect that claim to be brought in wa……..BUT IT”S A STRETCH
2) NO SJ NO GJ NO Personal Jurisdiction!!!!

Question 4 C
Purp contà yes their head co is there
Sub sys con for generalà yes sub sys con they run their operations from there.
Do analysis on all three sub b/c -à sys b/c à con b/c à

Question 4D-I
D. No, no purp contacts w/ state of illinois, so no jd
E. Yes. Specific jd
F. NO. no purp cont (wwvolkswagon)
G. Yes, purp cont, shoe going directly to oregon.
H. No. a lot like wwvolks
I. we must estb pup contacts under soc (depends on which view we are using under soc)

Civ Pro 1: MacDonald
1) Court Systems
a) There are 52 Courts in the court System (Federal and 51 State Courts)
i) Federal
(1) 94 Judicial Districts
ii) State
(1) 51 sovereign state courts (District Courts)
(2) State Systems
(a) Intermediate Court of Appeal
(b) State Supreme Courts
iii) Circuit Courts of Appeal (MI is in the 6th Circuit)
(1) 13 courts 1-11 +
(2) DC circuit +
(3) Federal Circuit
(a) Subject matter Jurisdiction court, usually deals with patents and that type of case.
(4) Decisions become precedent w/in its circuit.
(a) Outside of it’s jurisdiction that decision is merely a suggestion a.k.a. “persuasive authority”.
(i) Because of this we can end up with a split in the circuits.
(ii) In these types of cases the Supreme Court may take these types of split cases to render a ruling that controls alllll the circuits.
iv) US Supreme Court
(1) Controls all courts across the country
(2) Once you have appealed to your circuit, and then want to appeal again, you must request that your case be heard by the Supreme Court.
(3) The Supreme Court requires a writ of certiorari in which you request that they hear your case, they only hear about 5% of the cases that request hearings.
(4) 9 justices, but not mandated by statute.
(5) Can hear appeals from state courts if they deal with a federal law issue, and/or if they come from the highest state court.
b) Forum: A court (must decide which court/venue is best for the clients case)
c) Precedent: You must follow prior decisions that set precedent on your district.

The Course in 5 Steps
1) What State’s are available to file in? à Personal Jurisdiction
a) Once we know what state to file in we know
i) That there is a set of state courts and federal courts
2) Is a Federal Court option available? Subject Matter Jurisdiction
3) Which Federal Court/courts are available to us on a Judicial District Basis? Judicial District
a) Venue analysis
i) Can we file in the Western or the Eastern District of MI?
(All of these top 3 are forum selection “shopping” )
4) Pleadings
5) Joinder
a) Parties: Can you sue more than one party in your law suit
b) Claims: Can you assert more than on Claim against one party in a law suit.

1 Introduction and Integration
A Before you can initiate a law suit you must determine where to sue.
I So you must determine which court has jurisdiction
2 Two Types (Court must have BOTH to hear a case)
A Subject Matter Jurisdiction: whether a court has authority to decide a TYPE of case.
I For State Courts specialized court systems, probate, family law, or small claims courts.
II For Federal Courts SMJ limited to areas specified in the constitution and fed. statutes.
B Personal Jurisdiction: Judgment against the person. Judgment is enforceable anywhere in the country against the PERSON, their assets (money, property ect)
I Two Categories of Personal Jurisdiction
1) In Personam
a) Jurisdiction over the person (∆) themselves
b) In personam jurisdiction judgments
i) Are against the person. You are able to go to whatever assets they have in whatever state they are in ( Full faith and credit clause) to enforce the judgments and get their assets anywhere in the country
c) if you show it was a valid judgment full faith and credit kicks in and you can attack any assets of that person anywhere in the country.
2) In Rem
a) Jurisdiction established over property owned by a person.
b) Jurisdiction is obtained by seizing the property.
c) In Rem Judgements
i) limited to the value of the property b/c that’s court has power over in this JD.
ii) A judgment in rem affects only the property.
iii) ∏ cant use the judgment to seize other property owned by the ∆.
d) Pure In Rem
i) A PIR action is one in which the interest of the action is in the property itself. (ex quiet title, mortgage foreclosure=forms of true in rem

to just look if it falls under the constitutional analysis (minimum contacts)
2 STEP TWO: Check The EXCEPTIONS C&W
A Consent
I Knowingly give up your rights
II Is Because personal Jurisdiction is/can be used as a personal defense, a party may waive this defense expressly or by implication.
III If a party consents to a courts JD it is unnecessary to evaluate minimum contacts b/c the consent alone is enough to establish JD.
1) Expressed consent
a) A party may expressly consent to the JD of a particular court (ex. By K that specifies disputes that may arise being heard in a particular court)
b) Enforceability
i) as long as the agreement is enforceable under the normal K rules, the K will create personal JD over the parties.
ii) Consent being non-negotiable rarely renders the consent ineffective.
c) Forum Selection Clause
i) Where the parties specify that disputes can be hear ONLY in a particular court, if a party sues elsewhere, the other side may move for dismissal.
ii) Most JD’s enforce forum selection clauses SO LONG AS the are fundamentally fair (this being measured at the time the agreement is made, not at the time of the case)
d) Consent to Jurisdiction Clause
i) The parties agree that any litigation MAY be brought in a court in x county in x state in addition to all available forums. (does not require it to be brought in X state, just gives them that option)
ii) The parties are both consenting to jd in x IF the party chooses to sue in that state.
2) Implied Consent (Waiver)
a) A party may consent to PJD by taking actions inconsistent w/ their argument that the court lacks power over them.
b) Plaintiffs
i) A ∏ who files suit in a forum consents to PJD for all matters arising in that lawsuit, including counter claims and cross claims.
c) Failure to Assert defense
i) A ∆ may waive any defense to PJD by filing other claims or defenses in the proceeding
ii) Thus, if a ∆ files a counterclaim against the ∏ before taking any other action, they will be found to have consented to the courts jurisdiction.
(a) There are specific rules under the FRCP that govern the timing of personal jurisdiction defense.
d) ∆ can waive the pj defense thus mc analysis is not necessary
e) In states if you make a general appearance the defense waived
f) Activities in a piece of litigation may waive ∆ defense.
3) Jurisdiction to determine jurisdiction
a) When a party challenges JD, they agree to cooperate w/ court in determining whether JD exists.
b) Thus if a party challenges jd but refuses to answer discovery of facts nec. to estb. if jd exists
i) the trial court could enter a sanction finding that jurisdiction exists.