Civil Procedure 13- 18

Question 1

How is Personal Jurisdiction exerted over a non-resident defendant of the forum state?

Answer 1

The forum state must have a long arm statute; AND

The Constitutional requirements of due process must be met.

*Long-arm analysis requires: (1) the defendant have sufficient minimum contacts with the forum state; (2) so as not to offend traditional notions of fair play and substantial justice. BOTH prongs must be satisfied.

Priority: HIGH

Question 2

What is the Constitutional Long-Arm Analysis?

Answer 2

Long-arm analysis requires:

D has sufficient Minimum Contactswith the forum state – either:

General Jurisdiction – contacts so substantial that D is essentially at home in the state; OR

Specific Jurisdiction – a connection between the forum state and underlying controversy.

Not offend traditional notions of Fair Play and Substantial Justice – it must be fair and reasonable for D to be sued in the forum state.

*BOTH prongs must be satisfied*

Priority: HIGH

Question 3

In Federal Court, if the Summons and Complaint is NOT served upon the defendant within 90 days of filing, what must a court do?

Answer 3

Either:

Dismiss the action without prejudice against the defendant; OR

Order that service be made within a specified time.

*Service may be made by any person who is at least 18 years old and not a party to the action.

Priority: Low

Question 4

What does the Due Process Clause require for service to be valid?

Answer 4

The notice must be reasonably calculated to make the parties aware of the action and give them an opportunity to object.

Priority: Low

Question 5

What are the Due Process Clause requirements for service of process?

Answer 5

It requires that notice:

Be reasonably calculatedto make the parties aware of the action; AND

Give them an opportunity to object.

Priority: HIGH

Question 6

Venue in Federal Court

When is venue proper?

Answer 6

In any district where:

Any defendant resides (if all defendants are residents of the forum state);

Where a substantial portion of the claim occurred;

Where a substantial part of property is located (if property is the subject of the action); OR

If none of the above apply, then venue is proper in any district in which any defendant is subject to the court’s personal jurisdiction.

*Proper venue is determined at the time the suit is filed.

Priority: Medium