John Curley's Civil Procedure

John Curley's Civil Procedure - Plaintiffs Need: [personal...

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Plaintiffs Need: [personal jurisdiction + proper notice and service + subject matter jurisdiction ] + proper venue Personal Jurisdiction In personam **always need a long-arm statute OR traditional doctrine conferring upon courts authority over these defendants 1) In personam a) Traditional Kinds i) Presence (courts have always recognized presence as a sufficient basis for personal jurisdiction) (1) Transient Presence (2) Corporate Presence (a) Standard “doing business” and “continuous, regular and systematic” [boots on the ground] business activities = General Jurisdiction ii) Domicile iii) Consent (1) Express (incorporation) (2) Implied (Powloski (3) Agent b) In-State Tortious Acts 2) Quasi-in-Rem I 3) Quasi-in-Rem II Analysis for Personal Jurisdiction over Absent Defendants: 1) Apply Long-Arm statute a) 2) Ask if it is Constitutional a) International Shoe Test: minimum contacts + comports with traditional notions of fair play and substantial justice . b) Spectrum of contacts from minimal to general: specific to general c) Minimum Contacts: (contacts matter at the time of the lawsuit) i) For specific jurisdiction: (1) Action has to “ arise out of ” contacts OR be “ related to ii) “purposeful availment” iii) Expectation that D would be haled into court in that forum d) Comports with traditional notions of fair play and substantial justice i) State interest: ii) Convenience of the litigants – size, distance, whether it’s another country iii) Consideration of allocation between the states Where the long-arm does not permit personal jurisdiction: Quasi-in-Rem II: Jurisdiction (Harris v Balk) 1) P must attach D’s property at the outset (to establish court’s jurisdiction) 2) Policy: D would receive notice of litigation by checking on property or through caretaker Analysis: 1) Apply minimum contacts + comports with traditional notions of fair play and substantial justice 2) Action does not have to arise out of the property attached 3) Standard: Mere Presence of Property is not sufficient to support jurisdiction 4) Dissent in Shaffner v Heitner: property like real estate that has situs within a State presumptively supplies minimum contacts Quasi-in-Rem I: Jurisdiction
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1) Where P asserts interest in local real property 2) Presumptively satisfies due process because landowner has purposeful contacts with that forum 3) Examples: ejectment action, mortgage, foreclosure Section II: Notice and Service of Process : Analysis: 1) Is it permitted by state statutes OR [in federal cases] state statutes + FRCP 2) Is method of service Constitutional? Analysis Expanded: 1) FRCP Rule 4 Requirements a) Form b) Issuance c) Service with Complain: i) Must serve within 120 days of filing complaint ii) BY: non-party 18 yrs (court may direct US Marshal to serve) d) Waiver: i) D who is notified of waiver has duty to minimize costs; waive service *must waive within 30 days or 60 if outside judicial district (1) Carrot: gets extra time to answer (60 days or 90 if outside judicial district)
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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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John Curley's Civil Procedure - Plaintiffs Need: [personal...

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