JURISDICTION - You need a statutory floor and a...

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You need a statutory floor and a constitutional ceiling PERSONAL JURISDICTION In personam A courts powers is over the person OR an entity (ie. a corporation)- sue for anything, no limit In rem Property- suit limited to property itself. Dispute is over who owns the property. Attachment stat needed- every state has one, analyze this then do const analysis Quasi in Rem Person for their interests in property, property must be “attached”- can sue for the property or for a $ equivalent of the property. Lawsuit has nothing to do with property itself. If you cannot get in personam try for quasi. Attachment stat needed- every state has one, analysis this then do const analysis Where is the forum state? What are the defendant’s contacts in that forum state Does the defendant’s contacts in the forum state relate to what the plaintiff’s lawsuit is about Which shoe dicta box are we in For the maybe boxes analyze the quality and nature of the contacts: Note: if you reach the conclusion that it really truly was continuous and systematic, that generally means that you will find general jurisdiction over even unrelated contacts. A. STATE COURT? If Federal proceed to B to apply Rules 4(k) and 12 must be consulted before proceeding 1. STATUTORY ANALYSIS Hit the books to find the long-arm statute a. What type of long-arm statute is it? i. Allows court to exercise jurisdiction to the constitutional limits? If so, continue to constitutional analysis “see below analysis” ii. Specifically articulates factual circumstances where courts can exercise personal jurisdiction? If the facts fall within the circumstances (i.e. CA ), go to constitutional analysis If the facts do not fall within the statute, personal jurisdiction cannot be exercised. End analysis 2. CONSTITUTIONAL ANALYSIS – 14 th amendment a. Pennoyer and resort to Shoe when Pennoyer doesn’t work Principle that states are independently sovereign and without personal service within state’s borders, cannot assert in personam jurisdiction over a non resident defendant. Established in personam, in rem, quasi in rem distinctions. ii. For in personam, was the person served in the state of the lawsuit?
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JURISDICTION - You need a statutory floor and a...

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