Civil Procedure - Civil Procedure I. Personal Jurisdiction:...

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Civil Procedure I. Personal Jurisdiction: Constitutional Limits A. General principles 1. A fed court in a state has the same personal jurisdiction as the state court there does, with a few exceptions a) FRCP 4k limits the jurisdictional reach of federal courts to the equivalent jurisdiction of the state courts where the federal court is located. b) Exceptions in FRCP 4k) 1) the 100-mile bulge rule--can get jurisdiction over another defendant if he/she located within 100 miles of the federal court initially filed in 2) federal interpleader under USC section 1335; 3) when authorized by federal statute. 4) international cases--when the defendant is outside the USA--it gives federal jurisdiction if there is no state that has sufficient contact to establish jurisdiction. 5) These exceptions are based on notion of "national contacts" rather than state contacts. B. Pennoyer v. Neff: Constitutional Limits of Personal Jurisdiction 1. General Principles a. constitutional provisions--Due Process (14th amend.) and the Full Faith and Credit clause (Article 4). b. judgment entered without jurisdiction is not entitled to full faith and credit, and thus subject to collateral attack c. assertion of jurisdiction can be challenged under Due Process clause; so, jurisdiction is now a constitutional issue, rather than a common-law issue. 2. Bases for personal jurisdiction a. Presence in the jurisdiction b. Consent—express or implied (out-of-state motorist case) c. Domicile in the jurisdiction d. In-Rem = jurisdiction extends and is limited to the real property in the jurisdiction. If real property does not fully satisfy the judgment, must bring another suit with jurisdiction. e. Quasi In-Rem = jurisdiction extends to non-real property in the jurisdiction. 3. Exceptions to Pennoyer v. Neff a. marriage b. divorce 4. Collateral Attack
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a. Collateral attack: you can choose not to respond to suit b/c of the apparent absence of personal jurisdiction, and then challenge it later on that basis. But, what is the risk? Hypothetical: sued in another state, you default, the person tries to bring enforcement of the suit in your state, and then you contest it in your state. If you lose the jurisdiction battle, you cannot contest the merits of the first judgment. Alternatively, you could have gone to the foreign state and contested it right from the beginning. 5. Waiver of challenge to personal jurisdiction a. if not raised immediately, it is deemed waived C. Post-Pennoyer: Stretching it to fit 1. Corporations? Are they present in the state. Can they be served personally? 2. One method: stretch consent so that a corporation had to appoint an agent to accept service of process if doing business in the state. 3.
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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 - Civil Procedure I. Personal Jurisdiction:...

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