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drobak_exam - Civil Procedure Outline Professor Drobak...

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Civil Procedure Outline Professor Drobak, Spring 2002 PERSONAL JURISDICTION Personal jurisdiction = involves the ability of a court having subject matter jurisdiction to exercise power over a particular defendant or item of property. Statutory limitations States have the power to decide over whom their courts may exercise jurisdiction The 1 st place to look to determine whether a court has properly exercised personal jurisdiction is state law Constitutional limitations Due Process places 2 restrictions on personal jurisdiction o Parties must receive fair and adequate notice of the action o There must be minimum contacts with the forum state A state cannot exceed the constitutional boundaries but is not requires to reach the full limit of constitutional power 3 Types of Personal Jurisdiction In Personam Jurisdiction o Forum has power over the person of a particular defendant In Rem Jurisdiction o Court has power to adjudicate rights of all person with respect to a particular item of property o Property located within physical boundaries of the state Quasi-in-rem Jurisdiction o Court has power to determine whether particular individuals own specific property within the court’s control o Court can adjudicate disputes other than ownership based upon the presence of the defendant’s property in the forum In Personam Jurisdiction Pennoyer v. Neff : the authority of the tribunal is restricted by the territorial limits if the state Physical presence at time of personal service o Now only one of numerous ways to get jurisdiction o Does not matter how long the defendant was present within the forum state o Does not matter if presence was unrelated to the cause of action o Burnham v. Superior Court : divorce proceedings; husband in state for business trip Domicile o Permanent home = place chosen through presence + intention to make that place home Consent o Express consent by contract, appointment of an agent to accept service of process o Implied Consent when state has a substantial reason to regulate the in-state activity of a non-resident of a state Hess v. Pawloski : non-resident motorist statute o Voluntary Appearance Special appearances allowed—but only to state grounds for objection to jurisdiction Long Arm Statutes o Unlimited long arms o Specific long arms
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