Civil Procedure - Three Elements: all must be satisfied to...

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Unformatted text preview: Three Elements: all must be satisfied to render a valid judgment Personal Jurisdiction over D or Ds Property (in what state/in what forum can I sue the D)? Notice to D; service of process Subject Matter Jurisdiction: court has the power to adjudicate this type of controversy Does the court have power over the D to render a valid Judgment? 1. Analysis for GENERAL JURISDICTION a) Are Ds contacts with the state systematic and continuous such that he can be sued for any claim regardless of whether the cause of action arises out of his contacts in the state? OR b) Was the D physically served in the state, did he consent, or is he domiciled in the state? 2. Analysis for SPECIFIC JURISDICTION/Analyzing Personal Jurisdiction for Absent Ds a) Look for Long Arm of particular forum and analyze language b) Does statute apply to the facts? Statutory interpretation case precedent, legislative history i) If it does not apply to the facts, never need to get into Due Process standards ii) If statute does apply to facts THEN : c) Does the statute satisfy Due Process as it has been applied to the current set of facts ? Not about statute being constitutional or unconstitutional; rather is it being applied constitutionally on these facts i) Two Part test: (1) Purposeful availment (2) Fair and Reasonable? I. Establishing PERSONAL/BASIS JURISDICTION GENERAL In Personam Jurisdiction : Does the court have power over the D even if the cause of action does not arise out of his contacts in the forum state? a) Bases for Individuals : i) Presence : Was the D physically served in the forum state? ( Pennoyer) ; (1) Debate : transient presence minimum contacts applies? No majority (a) Minimum contacts applies to all assertions of jurisdiction : Did the D purposefully avail himself to the forum state; was his presence: voluntary, intentional, and knowing? (i) Hypo: airplane service of process; (b) minimum contacts applies only to absent Ds (2) Exceptions to presence theory: (a) Fraud (b) Immunity Doctrine ii) Consent : Did the D consent to jurisdiction either expressly or impliedly? (1) Examples: (a) Voluntarily appearance , or appoint agent for service of process (b) Waiver : If D doesnt object or fails to make a timely motion to dismiss at the outset waives defense indefinitely (c) In Advance ; consent by contract, choice of forum clause; (2) Exception : (a) Immunity Doctrine 1 iii) Domiciliary/home base in forum state : Is the D domiciled in the forum state? (1) Only one state of domicile possible for individuals (2) Requirements: (a) Maintain residence and (b) Intend to maintain as principle home for indefinite future UNTIL (c) New domicile b) Bases for Corporations (1) Presence : Is the D corporation doing business IN the state that is systematic and continuous?...
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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 - Three Elements: all must be satisfied to...

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