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Civ Pro I Outline

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1L Civil Procedure I Outline
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  Civil Procedure Outline Part I. Selecting the Proper Court ã   Personal jurisdiction over the parties ã   Subject-matter jurisdiction over the type of suit ã   Defendants must be properly served with process ã   Venue must be correct Personal Jurisdiction 1.    In Personam    Jurisdiction   ã   Exercised over the defendant herself because she has some appropriate connection with the forum ã   Valid judgment creates a personal obligation for defendant and is entitled to full faith in credit in all states Traditional Approach: Pennoyer v. Neff ã   Power of a state court to exercise jurisdiction over a defendant is founded upon physical  power of the state as a sovereign of all persons in its territory ã   “Traditional bases” of jurisdiction o   consent: Defendant can be subject to in personam  jurisdiction if they appear in court/consent to jurisdiction. !   Special Appearance : D can make appearance where appearance limited to challenge court’s jurisdiction, does not have to argue case on merits or adhere to court’s jurisdiction. !   Express consent: by contract, by appointment of agent to receive service of process in state (sometimes required) !   Implied consent: by engaging in activity within state, implying consent !   Voluntary Appearance: appearing to argue case on the merits, not contesting personal jurisdiction o   Domicile: State may exercise in personam  jurisdiction over a “resident” thereof- someone domiciled in the state o   Presence within the state: State has jurisdiction over defendant “found within the state” – “presence” – can be served with process while in the forum o   Agent: State may require anyone doing business or entering a contract within state to appoint someone to receive service of process (seen as the defendant’s  being present in that state through an agent) ã    Need for notice to the defendant o   Personal service o   Constructive service: less than personal (like publication) Stretching  Pennoyer    ã   Expansion regarding individuals   o   specific jurisdiction: jurisdiction created only for a claim that arises from activity within the forum      2 o   general jurisdiction: defendant can be sued in the forum for a claim that arose anywhere in the world. Make clear that general jurisdiction appropriate where defendant’s contacts with forum “continuous and systematic” that they are “essentially at home” in the forum !    personal service !   domicile of a person   !   state of incorporation and principal place of business   !   cannot be based on purchases or sales !    Perkins v. Benguet Consolidated Mining Co.   !    Helicopteros Nacionales de Colombia, S.A. v. Hall    !   Goodyear Dunlop Tires Operations, S.A. v. Brown   o   Pushed idea of consent to include implied consent (by driving car, you are implying consent to jurisdiction there)  Minimum Contacts Test:  International Shoe   ã   Shift focus to “minimum contacts” o   If not within forum, defendant must have minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice ã   Presence within the forum still viable for in personam jurisdiction ã   Must be foreseeable that the defendant’s activities make her amenable to suit in the forum, foreseeable be “haled into court” there Can the state exercise in personam jurisdiction? After IS: Purposeful Availment ã   Cases give relevant factors for applying the test ã    McGee v. International Life Ins. Co.  – 1957 o   Jurisdiction can be based on a single contact with the forum ã    Hanson v. Denckla  – 1958 o   To have relevant contact, defendant must “purposefully avail” himself of the “privilege of conducting activities within the forum State, thus invoking the  benefits and protections of its laws.” o   Purposeful availment: !   “substantial connection” with state !   engages in significant activities with state    3 !   creates “continuing obligations” between himself and residents o   contacts not accidental, reaching out to the state ã   World  - Wide Volkswagen v. Woodson  – 1980 o   Minimum contacts test has 2 parts: !   Protect defendant from litigation in burdensome forum (fairness) !   Ensures states don’t infringe on sovereignty of other states (insistence on “contact” between defendant and forum) o   Fairness considerations only relevant after Court finds relevant contact ã    Burger King Corp. v. Rudzewicz    o   Clarify fairness as unconstitutional forum Stream of Commerce:  Asahi    ã    Asahi Metal Industry Co. v. Superior Court   – 1987 o   O’Connor Theory: Merely putting product into stream of commerce, even with knowledge it will get to forum, is not enough. Must have additional conduct that indicates purpose to serve forum state market. !   This theory endorsed (not upheld) in  J. McIntyre Machinery Ltd. v.  Nicastro  (2011) o   Brennan Theory: It is a contact to put a product into the stream of commerce, if you can reasonably anticipate it getting into the forum state. That’s enough for  personal jurisdiction. ã    J. McIntyre:   o   Dissent: if you target the US, you can be sued in any state ã   Defendant must have purposefully availed itself of the final state, merely placing item in the stream of commerce is not sufficient basis for personal jurisdiction ã   Placing item in the stream of commerce with another act that shows intent to serve a state is sufficient The  Burnham Case ã   Does service of process within the forum give in personam jurisdiction or does  jurisdiction have to be assessed under International Shoe? ã   2 theories o   Scalia: presence is good enough, traditional bases don’t have to been analyzed under IS o   Brennan: must meet IS standard in every case, traditional bases gone Statutory Analysis   ã   Each state has statutes authorizing courts to exercise personal jurisdiction in some circumstances over nonresidents ã    Nonresident motor statutes ã   Long-arm Statutes o   Grant specific jurisdiction, cover more than motorist o   2 approaches !   Courts of state can exercise jurisdiction over a nonresident to the full extent of the Constitution    4 !   Laundry-list: list of activities that subject nonresident to in personam   jurisdiction 2.    In Rem  and Quasi-in-Rem Jurisdiction ã   Exercise over defendant in the form of property o   Tangible property: yacht, book, etc o   Intangible property: debt, bank accounts o   Real property: land ã   3 requirements for exerting in rem jurisdiction (pre- Shaffer  ) o    presence of the res within its borders o   seizure of property at the commencement of proceedings (attachment) o   opportunity for owner (D) to be heard ã    In Rem: involve ownership of the property, bound to whole world ã   Quasi-in-Rem   o   Adjudicate ownership of property o    No dispute over who owns property, but property relevant because plaintiff can’t obtain in personam  jurisdiction over defendant o   Type I !   When the dispute involves rights of the parties in the property itself !   Close connection between litigation and property provides necessary minimum contacts o   Type II !   When dispute unrelated to the ownership of property !   Defendant must have minimum contacts with the forum ã    No jurisdiction if property not located in state ã    No jurisdiction if property brought in by fraud or force ã   Court’s sole basis of jurisdiction is the property, any judgment is only satisfied on the  property Minimum Contacts and  In Rem  Cases:  Shaffer v. Heitner    ã   “All assertions of state-court jurisdiction must be evaluated according to the standards set forth in  International Shoe  and its progeny.” ã   In Rem is really an action against the person, deprives D of property ã   For quasi-in-rem  and in rem  cases: o   Property must be attached at the outset o   Defendant must have minimum contacts with the forum !   Presence of property in the forum probably satisfies requirement
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