a.i. It relates to issues with the person, NOT the action.
a.ii. Example: Family, vacation home, previous business or clients a.iii. If defendant has any connection with forum, wrongdoing anywhere in the world may be tried in the forum state b. Specific Personal Jurisdiction (SPJ): When the defendant has no prior connection or contact with the state b.i. It relates to issues with the action, NOT people b.ii. THREE-PART TEST for SPJ (requires all 3 steps) b.ii.1. Non-resident defendant: -committed an intentional act -expressly aimed at the forum state -causing harm defendant knew was likely to be suffered in the forum state b.ii.2. Claim/lawsuit must arise out of or related to defendant’s action. In other words, are you suing for this thing, done at this time b.ii.3. Exercise of PJ must be fair and reasonable. Gives court the ability to decline jurisdiction when they believe the PJ is unreasonably inconvenient for defendant. Example: a single mom with 3 kids & 3 jobs b.iii. CASE : Schwarzenegger sues Fred Martin Ohio Car Company -Company used a picture of the actor for an ad without his permission -Actor sues car company in California court for $95,000 -Case could go to Federal court because of diversity of citizenship (California plaintiff, Ohio defendant + remedy exceeds $75K) -Plaintiff chose to go to federal court. He now has SMJ, now he needs PJ -Defendant filed a special appearance to appeal PJ -Defendant is out of state, so summons will not likely work -Plaintiff’s evidence does not meet GPJ, defendant does not have any ongoing connection with forum state -Only way to proceed was to gain PJ thru a long arm statute (specifically SPJ), but three-part test didn’t pass In Rem Jurisdiction (IRJ) : It deals with the status of property, tangible or otherwise . No person is getting sued Example: When two people say they both own a piece of land, when no one knows who owns a piece of land, hearings about the status of a marriage
Most of these cases will go to state court If a property is inside a particular state, any court inside that state has SMJ. However, not every court in state should hear the case o Example: If piece of land is inside Travis County, Travis County court will most likely hear the case because of convenience (rather than a county in Dallas or San Antonio) To exercise IRJ, court publishes a notice of the proceeding in the circulating newspaper of the area where the property is located (Ex: Austin’s Statesman) Venue: It is about place , unlike jurisdiction, which is about power . Just because a court has power, it doesn’t mean it’s the right place for lawsuit IMPORTANT: If any federal court in state has jurisdiction, EVERY federal court in state has jurisdiction. Same goes for state courts Federal – district courts; State – county courts Statutes (whether federal or state) determine the appropriate venue o There are three fundamental statutes: 1. District/county where defendant lives 2. District/county where the cause of action occurred 3. District/county where property at issue is located Forum non conveniens: Court can dismiss or transfer case for purposes of convenience. Not because a district/county has power and place, it means the
- Spring '08
- Supreme Court of the United States, United States district court, Trial court