Basics

Question 1

The Requirements of a Properly Filed Case

Answer 1

Personal Jurisdiction over the Defendant(s):

• Can the Court apply its law(s) to the D AND enforce its judgement against him?
• P. JD be General (at home) or Specific (re: a particular incident)

Subject Matter Jurisdiction:

• Does the Court have an interest in hearing this particular kind/type of case?
• A State/Court has a strong interest in its citizens, land, and enforcing THEIR OWN laws.

Proper Venue:

• Are you in the correct PHYSICAL courthouse?
• Generally, venue can be more than one place.
• VERY SPECIFIC LIMITATIONS —> SEE §1391*

Question 2

In Rem

Answer 2

(Prior to Shaffer v. Heitner)

A Complaint that raises the issue of ownership/title to real property.

Question 3

In Personam

Answer 3

(Prior to Shaffer v. Heitner)

A complaint that relies on the acts/forbearance of another person/entity.

• P v. P, P v. Corp., Corp. v. Corp
  e. g. Breach (unless K was re: real property), Torts, etc.

Question 4

Quasi in Rem

Answer 4

(Prior to Shaffer v. Heitner)
Used to est. Personal JD over a D by “attaching” a piece of real property the D owned to a Complaint. This was done to satisfy the Courts’ requirement for Personal JD, even though the real property attached is not the basis of any issue raised in the Complaint.

a. Est.ing Personal JD based solely on D’s ownership of real property that lies within the Court’s JD; BUT
b. The real property has nothing to do with the suit itself.

Modern Uses:
Securing Property to Satisfy Judgement
Rule 64: Seizing a Person or Property – “At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment . . .”
Rule 69: Execution – “A money judgment is enforced by a writ of execution, unless the court directs otherwise.”

Question 5

General Jurisdiction

Answer 5

All assertions of P-JD must be eval. under I’ntl Shoe

For a Corporation/Business:
The continuous operations within a state that are so substantial, and of such a nature, as to justify suit against D on claims that are entirely unrelated to those activities.
- Typically, their Principle Place of Business (PPB) and/or place of incorporation.

For an Individual:
- The jurisdiction where the person is a citizen (residency can be/is different from citizenship)

Question 6

Specific Jurisdiction

Answer 6

The activity within the state is only enough to support jurisdiction in suits related to that activity.
- The Complaint is re: a specific activity/instance that happened w/i the forum’s JD. (i.e. car wreck, breach, etc.)

Question 7

Personal availment

Answer 7

Due process requires “minimum contacts” with forum “such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice”