Civil Procedure 2010 Outline

Civil Procedure 2010 Outline - JURISDICTION OVER THE...

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JURISDICTION OVER THE PARTIES - Does the court have jurisdiction to decide a case between the particular parties or concerning the property before it. DUE Process – Established by 14 th amendment - Substantive due process – court must have power to act - Procedural due Process – court must have give the defendant adequate notice of the action against him and an opportunity to be heard Fuentes v. Shevin P challenged statute allowing seizure of goods without providing an opportunity for the debtor to be heard b4 the seizure Procedural Due process requires that notice and an opportunity to be heard must be provided prior to seizure of property Mitchell v. Grant - D purchased goods from P. D was delinquent and P obtained a writ without providing D prior opportunity to be heard Statutes allowing for attachment or sequestration without a prior adversarial hearing do not violate procedural due process if safeguards exists Personal Jurisdiction - In personam jurisdiction: Jurisdiction over the defendant’s person (i.e., individual, company, or other entity) because the defendant has ties to the forum state. - In rem jurisdiction: Jurisdiction over claims made about a piece of property or a particular status within the forum state (e.g., an action to quiet title to real estate or an action for divorce). - Quasi in rem jurisdiction: An alternative to personal jurisdiction, whereby judicial attachment of a defendant’s property located within the forum state is used as a way of securing jurisdiction over the defendant Traditional Rule – Must be in same state to have personal jurisdiction Pennoyer v. Neff P sued D to recover legal fees. Notice published in Oregon paper. D lives in another state and didn’t know. Land was attached by court as judgment. D appeals saying court did not have personal jurisdiction Courts have jurisdiction within their territory. A court may enter a judgment against a non-resident only if the party 1) is personally served with process while within the state, or 2) has property within the state, and that property is attached before litigation begins. Expanding Personal Jurisdiction. Increased interstate travel brought with it increased interstate litigation. Kane v. NJ - In new jersey you have to give explicit consent by filing out a form assigning an agent which creates personal jurisdiction because the other person get served through the agent. This created a lot of problems Hess v. Pawloski - D, a driver from PA, Crashed into, P on a Mass. highway. Statute said non resident consented to use registrar of motor vehicles as their agent. A state has the power to declare that all non-residents who use its highways have impliedly consented to submit to the state’s jurisdiction for all actions arising from that highway usage. Personal jurisdiction and corporations
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Civil Procedure 2010 Outline - JURISDICTION OVER THE...

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