Federal Civil Procedure - WIP Flashcards
Personal Jurisdiction
- State statute?
- Constitutional application?
- Test?
The ability of the court to exercise power over a particular defendant or item of property.
STATE STATUTE: If no state statute exists granting a state court personal jurisdiction, then there is none.
CONSTITUTION: Under the due process clause, the defendant must have such contacts with the forum, state that the exercise. The defendant must be given appropriate notice of the action.
TEST: Contact - Relatedness - Fairness
PJ - Contact
The contact must result from PURPOSEFUL AVAILMENT: D’s voluntary act. This means Defendant must reach out and touch the forum.
— Examples: No PA for car dealer from New York who gets sued in OK for car being driven there.
FORESEEABILITY: It must be foreseeable that the Defendant could be subject to suit in the forum.
PA - STREAM OF COMMERCE ISSUE:
1) Merely placing an item in the stream of commerce, by itself, is not a sufficient basis for PJ.
2) It’s unknown whether placing item in SOC with the knowledge or hope of reaching a certain state is PA, but LOOK FOR INTENTIONAL TARGETING on Bar exam.
3) Placing an item in the stream of commerce with the knowledge or hope that it will end up in the forum state, COUPLED with some other act that shows intent to serve a particular state (e.g., modifying in compliance with a state law) is a sufficient basis for PJ.
PJ - Relatedness
RELATEDNESS: Does P’s claim arise from D’s contact in the forum state? If yes, the court might uphold PJ even if D does not have much contract with the forum (depending on FAIRNESS).
PJ - General PJ
To have general PJ, D must be essential “AT HOME” in the forum.
A human is always “at home” where the human is domiciled.
PJ - Specific PJ
Where the claim arises from D’s contact with the forum.
PJ - Fairness
Only assess when considering Specific Personal Jurisdiction.
Does due process guarantee that the suit will be in the most convenient forum for D and witnesses?
PJ - Summary of Constitutional Test
Contact: Purposeful availment and Foreseeability
Relatedness: General v. Specific
Fairness (specific only): Burden/convenience, state’s interest, and plaintiff’s interest.
PJ - In Personam Jurisdiction
When the forum has power over the person of a particular defendant.
In these cases, the court may render a money judgment or injunction against the defendant.
e.g., when D is ordered to pay a sum of money to P, P may enforce the judgment against the D’s property in any other state where that property is located (because it has in personam jurisdiction over the D)
PJ - In Rem Jurisdiction
When the court has power to adjudicate the rights of all persons in the world with respect to a particular item of property.
Limited to the state where the property is located, and where it is necessary for the state to be able to bind all persons regarding the property’s ownership and use.
CONSTITUTIONAL LIMITATIONS: “Nexus” - Basis of jurisdiction is the presence of the property in the state, so this is constitutionally sufficient for the exercise of jurisdiction over the property.
- NO jur. if property is not located in the state
- NO jur. if property brought in by fraud or force
PJ - Quasi in Rem Jurisdiction `
When the court has power to determine whether particular individuals own specific property within the court’s control. (Does not permit the court to determine the rights of all persons in the world, unlike In Rem jur.)
Occurs when P cannot obtain PJ over D, but D has property in the forum state, so P attaches the property to the claim. Any judgment against the D can be satisfied only out of that property.
Type 1: When the dispute is about the property, QIR jur. automatically provides the necessary contacts.
Type 2: When the dispute is unrelated to ownership about the property, there still must be minimum contacts between the D and the forum state.
PJ - Statutory Limitations on In Personam Jurisdiction
States grant in personam jurisdiction to the courts in these situations:
1) Where the Defendant is PRESENT in the forum state and is personally served with process.
- – exceptions: When P brings D into a state by fraud or force to serve process.
2) Where the D is domiciled in the forum state.
3) Where D consents to jurisdiction
- – Express (contract, appointment of agent) or implied (engaging in qualified conduct implies consent)
4) Where the D has committed acts bringing him within the forum state’s long arm statute.
PJ - Notice
Due process personal jurisdiction requires, along with minimum contracts and fairness requirements, that a reasonable method be used to notify the defendant of a pending lawsuit so that they may have an opportunity to appear and be heard.
1) Personal delivery to D
2) Responsible person at the D’s residence or place of business
3) Delivery to an agent appointed to accept the service,
4) Delivery by registered mail, return receipt requested.
SMJ - Diversity of Citizenship Jurisdiction
The federal courts have been given subject matter over controversies between citizens of different states, even though the controversies do no involve questions of federal substantive law, in order to protect out-of-state parties from possible local bias in state courts.
SMJ/DOC - Multiple Parties
Complete diversity is required between multiple parties for a federal court to have jurisdiction. If one defendant and the plaintiff are from the same state, then complete diversity is lacking and there is no diversity jurisdiction.
This rule only applies to diversity between P and D. Two Ps and two Ds can be from the same state and retain diversity.
SMJ/DOC - Alienage Jurisdiction
SMJ jurisdiction can be granted in a case between a US citizen and an “alien” - a citizen of a foreign country.
This does NOT apply to a case between two aliens, nor does it apply to cases between an alien and US citizen where the alien is permanently domiciled in the same state as the US citizen.
