Civil Procedure

Question 1

What is the general idea of PJ?

Answer 1

PJ involves the court’s power over the parties or item of property.

Question 2

PJ - General Rule

Answer 2

RULE:
PJ must be:
(1) authorized by state statute and
(2) constitutional.

Question 3

Statutory Test for PJ - Long-Arm Statute (Majority Rule)

Answer 3

RULE:
PJ may be exercised over nonresident Ds to the full extent of the Constitution.

Question 4

Statutory Test for PJ - Long-Arm Statute (Minority Rule)

Answer 4

RULE:
PJ may be exercised over non resident Ds in specific circumstances.
(Exam must provide the statute)

Question 5

Constitutional Test with Factors for PJ

Answer 5

RULE:
A D must have minimum contacts with the forum for the court to exercise PJ over the D.

Factors:
(1) Contact - D must directly or indirectly contact the forum;
(2) Relatedness - The claim must arise from or relate to D’s contract with the forum; and
(3) Foreseeability (Only used with Specific PJ) - PJ must be fair or reasonable under the circumstances.

Question 6

Contact Rule and Factors for PJ

Answer 6

RULE:
A D must directly or indirectly contact the forum.

Factors:
(1) Purposeful Availment - The contact must result from from D’s voluntary acts; and
(2) Foreseeability - It must be foreseeable that D could be sued in the forum.

Question 7

Relatedness Rule, Factors, and Exception for PJ

Answer 7

RULE:
The claim must arise from or relate to D’s contact with the forum.

Factors:
(1) Arise From - D’s contact with the forum caused the claim; or
(2) Relates To - D’s contact merely relates to the claim.

Exception:
General Jurisdiction - A court has general jurisdiction over a D when the D is:
(1) at home in the forum or
(2) served with process in the forum.

Question 8

General Jurisdiction (At Home Rule) for Individuals

Answer 8

RULE:
An individual D is at home in the forum which they are domiciled.

Domicile - The forum in which D (1) resides and (2) has the intent to remain.

Question 9

General Jurisdiction (At Home Rule) for Corporations

Answer 9

RULE:
2 forums have general jurisdiction over corporations: (1) the state of corporation and (2) the state of the corporation’s principal place of business.

Principal Place of Business (Nerve Center Test) - The place in which the corporations officers or other high-level decisionmakers are headquartered.

Question 10

General Jurisdiction via Service of Process (Tag Jurisdiction)

Answer 10

RULE:
A forum has general jurisdiction over the D, if the D is served with process in the forum.

Exception:
The D is immune from service of process, if the D is appearing in the forum for a court proceeding as an attorney, party, or witness.

Question 11

Fairness Rule and Factors for PJ

Answer 11

RULE:
Used only when Specific PJ is exercised. PJ must be fair or reasonable under the circumstances.

Factors:
(1) Burden on D and D’s witnesses - D must show that the forum puts them at a severe disadvantage. Relative wealth is not determinative.;
(2) Forum’s Interest - The forum may want to provide its citizen a court or adjudicate its own laws; and
(3) P’s Interest - P may be injured and cannot travel or wish to bring suit at home.