Rom Lawcivil procedure Q & A

Rom Lawcivil procedure Q & A - Territorial Jurisdiction...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Territorial Jurisdiction How many types of territorial jurisdiction are there? There are three types of basic jurisdiction: 1. In personam jurisdiction. 2. In rem jurisdiction. 3. Quasi in rem jurisdiction. What is in personam jurisdiction? In personam jurisdiction allows courts to enter a judgment that personally binds a party to a lawsuit. The court may order equitable or injunctive relief or allow a party to a lawsuit to collect damages in the form of monetary relief. What is in rem jurisdiction? In rem jurisdiction allows a court to determine the rights of all possible claimants in specific property. What types of proceedings are based on in rem jurisdiction? In rem proceedings include condemnation, forfeiture of property to state, and settlement of estates. How many types of quasi in rem jurisdiction are there? There are two types of quasi in rem jurisdiction; (1) Those disputes related to property under the court's control; and (2) Those disputes made when the court has control over the property but lacks personal jurisdiction over the defendant. What is the traditional power theory of territorial jurisdiction? The traditional power theory gives every state exclusive jurisdiction over persons and property within the state. This decision was stated in Pennoyer v. Neff. Was due process involved in the Pennoyer v. Neff decision stating the traditional power theory? No. Due process under the fourteenth amendment did not become effective until after the property was sold. The Due Process Clause had no role in the outcome of the case. What is the corollary to the traditional power theory? The corollary would be stated as: States may not exercise direct authority over persons or property outside the state. Under the traditional power theory of territorial jurisdiction, is service of process within the state sufficient for jurisdiction? Yes. This is often called 'transient jurisdiction' because a state may obtain jurisdiction over a defendant even if he was only temporarily physically present in the state. Is transient jurisdiction valid if the defendant was fraudulently induced into the forum state? No. Is a prejudgment seizure of a defendant's property within a state valid under the traditional power theory even if there was no service of the defendant within the state boundaries? Yes. This is the second type of quasi in rem jurisdiction under territorial jurisdiction. Is a post judgment seizure of property under the traditional power theory sufficient to support jurisdiction in the absence of service of the defendant within the jurisdiction? No. Seizure after judgment is insufficient. There would be no jurisdiction under the traditional power theory. Under the traditional power theory and its application of quasi in rem jurisdiction, how is 'property' defined? Property under the traditional power theory was defined very liberally; it included debts owed by a temporary visit to the state,
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

Page1 / 98

Rom Lawcivil procedure Q & A - Territorial Jurisdiction...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online