Civil Pro notes - USSC stated that substituted...

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Precision of words. Citizen from a state. Resident of a state. Essence of federalism is, that the federal government is one of limited powers. Constitution is a “contract” between the 13 states that the government has limited powers. District Courts: California has 4 districts. N,S,E,W Neff said that when Mitchell sued Neff in Organ, that Organ did not have personal jurisdiction over Neff. Federal District Court ruled for Neff because the Affidavit that the steps taken to locate Neff was inadequate. The USSC said that if they had to base their decision of just the affidavits, then they could not agree with the district courts because it was not a collateral attack. An appeal has a time limit. A collateral attack can attack an issue after the time limit expired. Also a collateral attack is needed? To switch from State to Federal. Collateral attack: legal action to challenge a ruling in another case.
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Unformatted text preview: USSC stated that substituted services (newspaper) was never good enough to establish jurisdiction. To do it right, Neff had to either consent to being sued in Oregon or Neff had to be personally served in Oregon. This protects the sovereignty of both Oregon and California. Plaintiff can sue anywhere. Personal Jurisdiction is a defendant concept. Full Faith and Credit (article 4 of constitution) (when enforcing or executing a judgment). Unless it lacks the personal jurisdiction. In order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contact with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.” For specific jurisdiction, there must be a nexus between the actions that relate to or arise out of the context it had....
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