Civil Procedure - INTRO TO CIVIL PROCEDURE By Jeff Amato Professor Biblowit I Personal Jurisdiction A Origins Pennoyer v Neff 1 In Personam a

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INTRO TO CIVIL PROCEDURE By Jeff Amato Professor Biblowit I. Personal Jurisdiction A. Origins Pennoyer v. Neff 1. In Personam a. Resident - Domicile b. Consent – implied consent ie doing business, driving c. Presence d. Agency e. “if none of the traditional basis are present” go to long arm statute. 2. In Rem a. Property in State b. Judgment is limited to value of property A. Long Arm Statutes - 1. restricts the authority of state to hail an out of state defendant into the court, usually confined to doing business, contract or commiting a tortious act out of state having impact in the state 2. cannot extend pass the due process clause 14 th amend 3. Rule 4k1a; Federal courts have the same long arm jurisdiction as the state they sit in with exceptions a. If foreign Δ has contacts with no state, can be sued in federal court if they have minimum contacts with the United States b. Bulge Jurisdiction over 3 rd party Δ B. Jurisdictional Checklist – May include other factors 1. Individuals a) Presence b) Domicile c) Residence d) Citizenship e) Consent f) Appearance g) Doing business h) Doing an act in state i) Doing something out of state having impact in state j) Ownership, possession of a thing 2. Businesses a) Incorporation b) Consent c) Appointment of agent d) Appearance e) Doing business f) Doing an act in state g) Ownership, possession of a thing
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B. Constitutional Jurisdiction International Shoe 1. General Jurisdiction Helicopteros (the supreme court endorsed the idea but never approved of a particular general jurisdictional theory.) a. Claims unrelated to forum state b. Continuous and systematic business contacts c. Quantity and quality of contacts 2. Specific Jurisdiction of out of state defendant a. State Long Arm Statute must apply b. Minimum contacts - depends upon the quality and nature of the activity in relation to the fair and orderly administration of the laws which is the purpose of the due process clause to ensure. 1) Continuous and systematic – always jurisdiction 2) Casual or isolated activity with a claim unrelated to the forum – Never jurisdiction 3) Continuous and substantial contacts and a claim unrelated to the forum, activity – Sometimes Jurisdiction 4) Casual or isolated activity with a claim related to the activity – Sometimes Jurisdiction c. Fair play and Substantial Justice 1) Burden on defendant 2) Forum States interest 3) Plaintiffs interest in obtaining convenient effective relief. 4) Interstates Judicial interest 5) Substantive Social Policy d. Purposeful Availment It is essential that the defendant purposefully avails itself of the priveledge of conducting activities within the forum state, invoking the benefits and protections of the laws. Hanson v. Denckla 1) Benefits , such as adveretising 2) Protections 3) NOT Unilateral 3 rd Party activity World Wide Volkswagon Corp. v Woodson (unilateral activity of plaintiff driving car through state is not enough to establish purposeful availment) 4) Center of gravity approach not enough for jurisdiction
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This note was uploaded on 02/15/2008 for the course LAW 1000 taught by Professor Minda during the Fall '06 term at St. Johns Duplicate.

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Civil Procedure - INTRO TO CIVIL PROCEDURE By Jeff Amato Professor Biblowit I Personal Jurisdiction A Origins Pennoyer v Neff 1 In Personam a

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