Civ Pro Midterm Focused Set Flashcards
Hawkins v. Masters Farms, Inc. Domicile Rule
Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there
Domiciled
Is this enough for personal Jurisdiction?
Domicile in the state is alone sufficient to bring an defendant within the reach of the states jurisdiction
Absent defendant
(Domicile)
Authority of a state over one of its citizens is not terminated by the mere fact of his absence for the state
State which accords him privileges and affords protection to him and his property by virtue of his domicile may also exact reciprocal duties
Method used (actual notice) is reasonably calculated to give defendant notice of the proceedings and an opportunity to be heard
Fair play and substantial justice
Pennoyer v. Neff (land seizure)
Rule
To obtain jurisdiction over a non-resident, due process requires that the non-resident defendant receive personal service (actual notice) of the lawsuit in order for the defendant to be bound by the judgement rendered. Constructive notice will always have problems while actual notice can show that the individual received the complaint.
Rule (in-rem)
For the State court to have jurisdiction over property, the property needs to be attached when the lawsuit commenced
In Rem v In Personam
In Rem action is a proceeding where property is the direct object of the action.
In personam is an action brought against a person
Side-Note
If non-resident, what was the service
(for now) have to say the required actual personal service for notice
International Shoe Company v. Washington (Base for SJ)
Rule - Minimum contacts
If defendant is not present (not home state), they must have certain minimum contacts with the state such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice
Presence
(International Shoe)
Degree and amount of activities conducted in state and or what the company authorizes for employees to do in that state. Manifested only by activities carried on its behalf by those authorized to act for it.
Presence Test
(International Shoe)
Presence of a corporation exist when the corporation’s activities are continuous and systematic
Unilateral Activity
(Hanson v. Denckla)
Unilateral activity of those (plaintiffs) who claim some relationship with a non-resident defendant cannot satisfy the requires of (defendant) contact with the forum state
Purposeful Availment
(Hanson v. Denckla )
It is essential that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities with the forum state
Targeted reaching onto a state
Targets a state for business
Shaffer v. Heitner Rule
Minimum contacts test applies to individual people and corporations
Policy reasonings for personal jurisdiction
(World-Wide Volkswagen Corp. v. Woodson)
Protects defendants from litigation in an inconvenient state:
Reasonableness
Fairness
Determining Fairness and Reasonableness
(World-Wide Volkswagen Corp. v. Woodson)
Forum state’s interest in adjudicating the dispute
Plaintiff interest in obtaining convenient and effective relief
Interstate judicial systems interest in obtaining most effective resolutions of controversies:
Expense, evidence, etc.
Shared interest of states in maintaining fundamental substantive social justice
Purposeful Availment
(World-Wide Volkswagen Corp. v. Woodson)
When a corporation avails itself of the privilege of conducting activities within the forum state, it has clear notice that its subject to suit there and can act to alleviate the risk of burdensome litigation
Can be very little conduct but very purposeful contact
Purposeful availment
(J. McIntyre Machinery Ltd. v. Nicastro)
Contact with and activity directed at a sovereign (forum state) may justify specific jurisdiction in a suit arising out of or related to the defendant’s contacts with the forum
Four Ways to Submit to State Jurisdiction
(J. McIntyre Machinery Ltd. v. Nicastro)
Consenting to jurisdiction
Establishing presence within a state when suit commences through service of process
Processing citizenship or domicile in the state (home)
For corporations its the state of incorporation or the principle place of business are adequate to show submission to a states jurisdictional authority
(First case to state this)
Minimum Contacts v. Purposeful Availment
(J. McIntyre Machinery Ltd. v. Nicastro)
Can have minimum contacts for purposeful availment but cannot have purposeful availment for minimum contacts
Calder Effects
Abdouch v. Lopez (Intentional Tort)
A defendant’s tortious acts can create PJ only when plaintiff makes a prima facie showing that the defendants acts
Were intentional
Uniquely aimed and expressly aimed at the forum state
Caused harm, the brunt of which was suffered and which the defendant knew was likely to be suffered in the forums state
Purposeful Availment Specific Advertisement
(Abdouch v. Lopez)
One advertisement targeting specific state, then purposeful availment because defendants activity sought out that state
General Jurisdiction
Definition
Defendant can be sued in their home state over any matter
Personal Jurisdiction
Doctrine
Doctrine of Personal Jurisdiction focuses on the defendant
Personal Jurisdiction
Who has to raise it?
Defendant must raise issue
Personal Jurisdiction
Can it be waived
Defendant can either consent or waive the claim
Personal Jurisdiction
State entering judgement to defendant with no connections
State cannot enter judgement against a defendant who has no connection with the state
Personal Jurisdiction
Has the defendant had enough contact with the state to justify dragging them into the state for litigation?
Not a fair forum to be dragged in a state that the defendant has no connection to
Specific Jurisdiction
Definition
Defendants actions are enough to subject (person or corporation) to the states tribunals only in relation to a suit involving the conduct commuted in that state
Specific Jurisdiction
Simplified definition
Jurisdiction extends to the specific act performed in the state, and nothing else
Enough in the state to be considered presence
Sued only for the matter and nothing else
Goodyear Dunlop Tires Operations, S.A. v. Brown
Minimum Contacts Foreign Corporation (General Jurisdiction)
A court may assert general jurisdiction over foreign corporations to hear any and all claims against them, when their affiliations with the state are so “continuous and systematic” as to render them essentially at home in the forum state
Daimler AG v. Bauman
General Jurisdiction (National Corporation)
Corporations can only maintain General Jurisdiction in states they are incorporated or principle place of business
Waiving Personal Jurisdiction
If you don’t raise specific or general jurisdiction in brief, its waive
Bristol-Myers Squibb Co. v. Superior Court
Specific Jurisdiction over non-residents
A state does not have specific jurisdiction over non-residents bringing suit against a corporation that isn’t incorporated or personal place of business in that state and none of the claims of the residents are alleging occurred in that state
Special Appearance
Permits the defendant to object jurisdiction without the action of objecting being itself the basis for jurisdiction
Pre-Answer Motion
Raised before an answer to the complaint.Lack of personal jurisdiction is raised as a singular issue in a brief. If motion is declined, then motion to dismiss for other reasons can be filed and coupled together
Benefits
Defendant stands to get the case dismissed
Complex facts and straightforward jurisdictional defense, it might be more efficient to move to dismiss
Answer (Lack of Personal Jurisdiction)
Lack of personal Jurisdiction can be raised but only if there has been no pre-answer motion
Party with a potential defense based on personal jurisdiction waives that defense by failing to assert it at an early state of litigation
Either pre-answer or in the answer
Transient Jurisdiction
Burnham v. Superior Court
Jurisdiction based on physical presence alone constitutes due process because it is one of the due process standard of “traditional notions of fair play and substantial justice”
A nonresident is properly served if he is physically present in the forum state then the forum state may exercise personal jurisdiction over him without violating due process
Forum Selection Clause
Carnival Cruise Lines, Inc. v. Shute
Pertaining to admiralty law, forum-selection clauses are enforceable unless there indication that the forum was selected to discourage the purising of legitimate claims
Including a reasonable forum clause in a form contract of this kind well may be permissible for several reasons:
Has special interest in limiting fo ra where it could be sued
It eliminated confusion about where suit can be brought
Can benefit passengers by reducing fares by limiting zone of jurisdiction for Carnival
Minimum Contacts (National Corporations & Individuals Specific Jurisdiction)
(Test Rule)
When defendants contacts with the forum are so continuous and systematic that maintenance of the suit does not affect traditional notions of fair play and substantial justice
Continuous and systematic depends on the degree and amount of activities conducted in the forum
Single and isolated activities is not enough
Purposeful Availment (National Corporations and Individuals)
(Test Rule)
Contact with and activity directed at a sovereign (forum state) may justify specific jurisdiction in a suit arising out of or related to the defendants contact with the forum
Unilateral activity of the plaintiff does not constitute purposeful availment
Calder Test (Torts)
(Test Rule)
A defendant’s tortious acts can create PJ only when plaintiff makes a prima facie showing that the defendants acts
Were intentional
Uniquely aimed and expressly aimed at the forum state
Caused harm, the brunt of which was suffered and which the defendant knew was likely to be suffered in the forums state
Minimum Contacts (Foreign Corporations General Jurisdiction)
(Test Rule)
A court may assert general jurisdiction over foreign corporations to hear any and all claims against them, when their affiliations with the state are so “continuous and systematic” as to render them essentially at home in the forum state
General Jurisdiction Individuals
Domiciled
(Test Rule)
Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.
General Jurisdiction Corporations
(Test Rule)
For corporations its the state of incorporation or the principle place of business are adequate to show submission to a states jurisdictional authority
Actual Notice
Personal service of notice is the gold standard
Mailing service of notice
Constructive Notice
When defendant cannot be located notice is published in newspaper
Requirements for Notice
Must convey required information:
Being sued
Cause of action
Location of jurisdiction
Reasonable amount of time to respond
Honest attempt to give notice; reasonably calculated
Impractical search not required
If address is known, have no reason to give worse notice than mail
Long-Arm Statute
Definition
State statutes that specify the extent to which courts may exercise personal jurisdiction over a defend outside the state
It can be limited but not extended
Transferring Venue
Applies only to the federal courts, allowing them to move cases around the country
28 U.S.C §1391 (b)
Venue in general. A civil action may be brought in:
28 U.S.C §1391 (b)(1)
Judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located
28 U.S.C §1391 (b)(2)
A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject of the action is situated, or…
28 U.S.C §1391 (b)(3)
If there is no district in which any may otherwise be brought as provided in section, any judicial district in which any defendant is subject to the courts personal jurisdiction with respect to such action
Forum Non Conveniens
§1404 - For the convenience of parties and witness, in the interest of justice, a district court may transfer any civil action to any other district or decision where it might have been brought or to any district or division to which all parties have consented
Motion to Dismiss Under Non Conveniens
Private interest
Ease of accessing proof
Availability of compulsory process for unwilling witness
Cost of obtaining attendance of witnesses
Proximity to place where incident occurred (if viewing necessary)
“All other practical problems that make trial of a case easy, expeditious, and inexpensive”
Motion to Dismiss Under Non Conveniens
Public interest
Administrative difficulties from court congestion
Local interest in having a local controversy decided at home
Having diversity action tried in forum that is home to the law governing the action
Avoiding conflicts of law or application of foreign law
Unfair burden of jury duty for case unrelated to forum
Inadequate damages
Plaintiff is considered in venue change when the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all, will the unfavorable change in law be given substantial weight
Atlantic Marine Construction v. United District Court
If there is venue under §1391(b), then we cannot say its improper (which is what rule 12 states) or wrong (which is 1406)
Neff Rule 2
Actual Notice + Chance to Be Heard
