civ pro -- personal jurisdiction

what are the two requirements that determine a government’s power to exercise in personam jurisdiction?

amenability and notice

amenability

whether the defendant is subject to being sued in the forum state

notice

whether the defendant had proper notice of the suit

amenability and notice are governed by two standards

forum law and due process

forum law

state/federal law decides who may be sued and how they must be notified in state/federal courts

due process

the forum (state or federal) may set any requirement for amenability and notice, but if it is unfair to defendants, then due process invalidates forum law

exceptions to territorial control

publication service, status jurisdiction, consent, agents

what are the types of long arm statutes?

laundry lists (itemize activities) and limits of due process (skips long arm statute so long as due process permits the case)

what is the personal jurisdiction test for internet?

Zippo Sliding Scale Test

zippo test: personal jurisdiction proper

defendant clearly does business over the internet and enters into contracts with residents of foreign jurisdiction (knowing and repeated transmission of computer files via internet)

zippo test: middle ground jurisdiction

interactive computer websites where user can exchange information with host computer (jurisdiction determined by level of interactivity and commercial nature)

zippo test: negative end jurisdiction

defendant posts information on a website which is accessible to people in multiple jurisdictions (passive website that just makes info available)

jurisdiction based on power over property

the debt moves with the debtor and is attachable for jurisdiction wherever the debtor travels

key takeaway from pennoyer v. neff

jurisdiction over persons and property was based on the state’s sovereignty and exclusive power over people and things within its borders

holding in pennoyer v. neff

in personam judgment lacking personal service at the time of filing was invalid even in the rendering state

in personam jurisdiction

claims for money or other relief against the person (specific performance or injunctive relief). must be based on personal service on the defendant within the forum state. the defendant need not be a resident of the forum state but can simply be passing through

traditional bases of in personam jurisdiction

residence in forum, waiver, consent, and presence in forum when served with process

residence in forum

forum state has automatic jurisdiction over state residents

waiver

failure to object to jurisdiction (or doing so absent-mindedly)

what happens if a defendant fails to object to jurisdiction at the beginning of the suit

the case can proceed if the court decides that they do have jurisdiction

express consent

a party expresses consent to jurisdiction of a specific court prior to commencement of any suit

consent by registration in the state

states make foreign corporations register with the state and appoint an agent (subjects the corporation to all claims arising in the forum state)

consent by appearance

you show up and argue your case or appear by filing an answer (waived right to object)

implied consent

when the state has significant interest in regulating the in-state activities of non-residents, it can pass statutes that allow for certain in-state activities to trigger automatic appointment of an in-state agent

consent by contract

forum clauses in a contract can establish jurisdiction by consent

tag/transient jurisdiction

serving a non-resident while they’re visiting the forum state

if none of the four traditional bases apply, what should you do next?

go to the long arm/minimum contacts analysis. both must be satisfied to have jurisdiction over the defendant

specific jurisdiction

quality and nature, purposeful availment, forseeability, reasonable anticipation, effects test, stream of commerce

quality and nature

even one contact in the forum state can establish jurisdiction if it is of sufficient quality

purposeful availment

requires defendant to purposefully avail itself of privileges of conducting activities within the forum state, thus invoking itself of the benefits and protections of its laws

forseeability

ability to reasonably anticipate being haled into court (does not mean defendant would foresee the issue)

effects test

court can consider the effects that a defendant’s actions have had in the forum state

stream of commerce

by placing products into the “stream of commerce,” companies can be responsible for their products wherever they end up

general jurisdiction

continuous and systematic contacts such that the defendant is essentially at home in the forum

what type of jurisdiction requires the defendant to be “at home”? how is at home defined for a person?

general jurisdiction; continuous and systematic contacts with the forum state

in rem jurisdiction

a claim to enforce an interest in property, such as title, leasehold, or easement. requires that the property be located within the forum

quasi in rem jurisdiction

defendant has property within the forum state but the claim is unrelated to that property. found unconstitutional in Shaffer v. Heitner

in personam judgments

enforceable in the forum state and anywhere in the U.S. that the defendant’s assets are found. May be enforced repeatedly until fully collected

in rem judgments

only enforceable in the forum state (where the property is located). technically the defendant could remove the property to another state and be outside the forum’s jurisdiction, but they would be subject to contempt

quasi in rem judgments

only enforceable in the forum state and only to the value of the property. no other states would recognize the judgment

forum state’s indirect control over persons and property outside of the state

forum state can litigate claims against non-residents who own property in the state or anyone served with process in the state

publication service

acceptable in some instances, such as in rem or quasi in rem jurisdiction, but the plaintiff must first ask the court to attach the property

status jurisdiction

a state has the power to adjudicate the status of its inhabitants (divorce, child custody, etc). the only presence required is that of the person whose status is in question

consent

a person can give prior consent to jurisdiction in a contract

agents

a person or corporation can appoint an agent in the forum to accept service of process

fair play and substantial justice test

burden on the defendant, the forum state’s interest in adjudicating the dispute, the plaintiff’s interest in obtaining convenient and effective relief, the interstate judicial system’s interest in obtaining the most efficient resolution of controversies, and the shared interest of several states in furthering fundamental substantive social policies

burden on the defendant

must the defendant travel? will witnesses have to travel?

what is the best indicator of the forum state’s interest in adjudicating the dispute

state legislature

the interstate judicial system’s interest in obtaining the most efficient resolution of controversies

ideal to have a lawsuit where all parties can join/wherever most evidence is

who chooses jurisdiction (unless due process is violated)?

the plaintiff

shared interest of several states in furthering fundamental substantive social policies

surrounding states have different policies/interpretations of the law and thus an interest in how the case is decided

what does notice govern

the content of the notice documents and the manner of delivery to the defendant

the constitutional standard for notice was laid out in which case

mullane

rule for notice under the due process clause (mullane)

reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections

Federal Rule 4

default notice rule for federal courts

Federal Rule 4c

service generally

what is served (Federal Rule 4c)

the summons and a copy of the complaint are served together on the defendant

by whom is the complaint served (Federal Rule 4c)

any person who is at least 18 years old and is not a party or by a marshal/someone specially appointed by the court

Federal Rule 4e

serving an individual within the U.S. may be done under the local state’s service law or under state law where the service occurs

service under Federal Rule 4e

delivering a copy of the summons and of the complaint to the individual personally, leaving a copy at the defendant’s dwelling or usual place of abode with someone of suitable age and discretion who resides there, or service on defendant’ appointed agent

two spouses, kyle and joe, are attempting to obtain a divorce in state A. to avoid service, joe moves away to state B. after numerous attempts of dodging service, kyle decides to trick joe that he has won the lottery in state A. as soon as joe gets off the plane, kyle presents joe with service of process. joe ultimately objects to service of process in court. was service proper?

no. neither party can directly serve the other party with service of process

what are the various ways you can serve a party?

rule 4, local state law, or service of process law of the state where notice is being given

can a state have power over property outside of the state?

no, but it has absolute power over people and property within the state

federal courts only have jurisdiction in…

the state where they are located

In Asahi and McIntyre, what did the Supreme Court hold about the stream of commerce?

Answer is none of the above; they never held anything about stream of commerce

what is a plurality opinion?

all judges agree on the outcome enough to form a majority, but they don’t agree on the “why”

an elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice…

reasonably calculated, under all the circumstances, to apprise interest parties of the pendency of the action and afford them an opportunity to present their objections