Personal Jurisdiction

Personal Jurisdiction - CIVIL PROCEDURE I PROFESSOR...

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C IVIL P ROCEDURE I P ROFESSOR S ILBERMAN F ALL 1999 P ERSONAL J URISDICTION A. Traditional Bases of Jurisdiction: Power, Presence, Domicile, and Consent 1. P OWER , C ONSENT , P RESENCE To Assert Jurisdiction 1. Is there a common law or statutory basis? 2. Is it Constitutional? Pennoyer v. Neff 1. Mitchell v. Neff . Suit in Oregon state court. Neff in CA but has property in Oregon. Neff defaults and property sold at Sheriff’s auction 2. Neff v. Pennoyer . Suit in Federal court. A collateral attack on Mitchell v. Neff. Circuit court finds for Neff, says judgment void b/c defects in publication notice made service improper. 3. Pennoyer v. Neff . Supreme Court. Usually can’t attack collaterally, but okay to do when issue is jurisdiction. Okay here b/c first court didn’t have jurisdiction. (1) States possess exclusive jurisdiction over persons and property in the state. (2) No state can exercise direct authority over person of another state. faulty publication can’t impeach the judgment, can only attack jurisdiction. power – can’t exercise power over persons of another state, violates due process. need power and notice. Mitchell should have attached at the beginning of the suit. Neff’s Options Mitchell v. Neff Neff v. Pennoyer – Collateral Attack 1. Default judgment for P. Do nothing and lose. 1. Raise the jurisdictional question collaterally. Say there should be no full faith and credit. Can only attack jurisdiction, and if you lose the jurisdiction to hell with you. 2. Make 12.b.2/5 Objection of jurisdiction / service of process. Make a special apperance. If interlocutory appeal then have it heard, if get rejected and no interlocutory appeal you can either try case and raise jurisdiction later, or you can default and hurry your way to the SC. 2. Can’t challenge the jurisdiction of the first case. Res judicata, you’ve had your day in court. 3. Don’t raise jurisdiction and go to merits 3. Waived right to object under 12.g and 12.h.1 for appeal. Can’t challenge collaterally. Types of Judicial Action as seen in Pennoyer 1. In Personam – court imposes personal liability or obligation on D or require D to act or refrain from acting. D just has to be there. Theoretically could be flying over Oregon and be tagged. Similar to when Harrison tagged in NY. 2. In Rem – court declares the rights of all persons to a thing. Binding the entire world. Authority over a thing in the state. Presence of property is enough. 3. Quasi in Rem I – judgments affecting interests of particular persons in a thing (was described in Pennoyer, not what it was, just talked about). Predicated on court’s power over property physically situated or deemed situated in forum state. Limited to value of property that can be found and attached. Mortgages, liens.
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4. Quasi in Rem II – even though claim unrelated to the property, use the property as a basis for snagging jurisdiction. Only problem, you only get what the property is worth. You sue for more…screw you, you
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This note was uploaded on 04/08/2008 for the course LAW 532 taught by Professor Rider during the Fall '08 term at University of Texas.

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Personal Jurisdiction - CIVIL PROCEDURE I PROFESSOR...

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