CIV PRO CHECKLIST[1]

CIV PRO CHECKLIST[1] - Personal Jurisdiction: The state...

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Personal Jurisdiction: The state court’s power to hail a specific D into court Traditional Test: Focused on state sovereignty/rights Provided PJ based on presence or regulatory necessity instead of fairness In Personam : Action against the person regarding the person’s rights and obligations o Non residents can be brought within the court’s jurisdiction only by presence (service) in the state ( Pennoyer) , residence in the state (served you when you return) or consenting to be sued in the state ( Hess) In Rem : Action against property in the state - Service by publication is sufficient b/c the law assumes that property is always in the possession of its owner; Property can be subject to the payment of a demand of a resident creditor. Quasi-In-Rem o P must pre-attach land, and recovery is limited to the value of the property within the jurisdiction; service by pub=sufficient The Shift to Minimum Contacts – The court shifted toward legal realism as a result of 1) the nationalization of commerce and 2) improvements in modern transportation/communication that make it less burdensome for out-of-state litigants to defend suits Due Process Clause: Imposes fundamental limitations on states’ power to exercise PJ over nonresident Ds served outside the forum and protects an individual’s liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful contacts, ties or relations ( BK ) o Requirements : i) D must be given notice by a means reasonably calculated to reach him ( FRCP 4, Mullane ); ii) D must be subject to the court’s jurisdiction through establishing sufficient minimum contacts ( International Shoe ) Due Process 2-Part Test Step 1: Apply the State Long Arm Statute : Device by which a state can serve nonresident D’s outside of the forum 1) Does D’s conduct fall w/in the state’s long arm statute? 2) Is the long arm statute, as applied, constitutional? -- Does it demand that there are at least minimal contacts? Would the Step 2: 1) Does D have minimum contacts with the state? ( Asahi Split = Depends on the Jurisdiction) o First analyze the quality and nature of D’s contacts with the forum state ( International Shoe) International Shoe) Helicol) Occasional or single contact + related = maybe PJ (specific jurisdiction) ( Hess, Gray and McGee ) Occasional or single contact + unrelated = no PJ Rationale: protects Ds against “unreasonable” burdens of litigating in a distant or inconvenient forum ( McGee) ; ensures the States do not reach beyond the limits imposed on them by their status as equal sovereigns in a federal
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CIV PRO CHECKLIST[1] - Personal Jurisdiction: The state...

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