Federal Jurisdiction and Procedure Flashcards
MEE Six Components of Federal Civil Procedure
- Jurisdiction and venue;
- Federal law;
- Injunctions and provisional remedies;
- Pretrial procedures;
- Trial procedures;
AND - Verdicts and judgments.
Two Branches of Jurisdiction
- Personal Jurisdiction
2. Subject Matter Jurisdiction
Personal Jurisdiction
The ability of a court to exercise power over a particular defendant or item of property.
Two Limitations on Personal Jurisdiction
- Statutory Limitations
2. Constitutional Limitations
Three Types of Personal Jurisdiction
- In Personam Jurisdiction
- In Rem Jurisdiction
- Quasi in Rem Jurisdiction
Five Statutory Limitations on In Personam Jurisdiction
- Where the Defendant is present in the forum state and is personally served with process;
- Where the Defendant is domiciled in the forum state;
- Where the Defendant consents to jurisdiction;
AND - Where the Defendant has committed acts bringing him within the forum state’s long arm statutes.
Statutory Limitations on In Personam Jurisdiction: Physical Presence at Time of Personal Service
Most states grant their courts in personam jurisdiction over any defendant who can be served with process within the borders of the state, no matter how long he was present.
Exceptions:
- Service by fraud or force invalid
- Immunity of Parties and Witnesses
Statutory Limitations on In Personam Jurisdiction: Domicile
If a person has legal capacity, her domicile is the place:
1. she resides (even for a moment),
AND
2. Coupled with the intention to make that place her home.
Statutory Limitations on In Personam Jurisdiction: Consent to Jurisdiction
In Personam jurisdiction through consent by defendant:
- expressed
- implied
- inherent
- Voluntary Appearance (special appearance)
Statutory Limitations on In Personam Jurisdiction: Long Arm Statutes for Jurisdiction
Most states also grant their courts in Personam jurisdiction over nonresidents who perform or cause to be performed certain acts within the state or who cause results within the state by acts performed out of the state.
Approach to Start Arkansas Long Arm Statute Answer
As revised in 1995, the Arkansas long arm statute provides for personal jurisdiction “to the maximum extent permitted by the due process of law clause of the 14th Amendment of the Constitution.
Sentence two is “minimum contacts.”
Sentence three “reasonableness”
Two Components of the Constitutional Aspect
- Contacts with the forum (contact, relatedness, and fairness);
AND - Notice
Constitutional Limitations on In Personam Jurisdiction: Sufficient Contacts with the Forum
- Physical presence
- Domicile
- Consent
- Purposeful availment (shipping into state)
- Foreseeability (reasonable)
- Stream of Commerce
- Systematic and Continuous Quantity of Products in State
- Specific (1 item)/General( continuous and systematic shipping widgets forever) jurisdiction
- Unclear on Internet cases.
Constitutional on In Personam Jurisdiction: Two Components of Sufficient Contacts with a Forum
- Purposeful availment
AND - Fairness.
Fairness
- Convenience;
- Forum State’s Interest;
- Plaintiff’s interest in obtaining convenient and effective relief;
- The interstate judicial system’s interest in obtaining the most efficient resolution of controversies;
AND - The shared interest of the states in furthering fundamental substantive social policies.
Constitutional Limitations on In Personam Jurisdiction: Notice
By a reasonable method used to notify the defendant of a pending lawsuit.
Best practical means for multiple or unknown parties.
Does not have to be actual notice.
Second Type of Personal Jurisdiction: In Rem Jurisdiction
Adjudicate rights of all persons with respect to property located in the state.
An in rem judgment does not bind the parties personally, but is binding as to the disposition of the property in the state.
Statutory Limitations on In Rem Jurisdiction
Statutes providing jurisdiction in actions for:
1. condemnation,
2. title registration
3. confiscation of property
4. forfeiture of a vessel,
5. distribution of the assets of an estate,
AND
6. a grant of divorce when only the complaining spouse is present and subject to personal jurisdiction. (status)
Constitutional Limitations on In Rem Jurisdiction
- Nexus (in state, not brought in by fraud or force)
AND - Notice
Third Type of Personal Jurisdiction: Quasi In Rem Jurisdiction
A court without In Personam jurisdiction to determine certain disputes between a plaintiff and defendant regarding property when the property is located in the forum state.
Two types of Quasi In Rem Jurisdiction
- Type 1 - involves disputes between parties over their rights in property within the state.
- Type 2 - involves disputes unrelated to the in-state property and has been severely limited by the Supreme Court.
Statutory Limitations on Quasi In Rem Jurisdiction
Any judgment against the defendant can be satisfied only out of that property.
Constitutional Limitations on Quasi in Rem Jurisdiction
Nexus -
- Type 1 - Presence of property
- Type 2 - Minimum contacts with the forum.
Notice -
- best practical notice.
Procedural Requirements of Quasi In Rem Jurisdiction
Plaintiff must bring the asset before the court by attachement (or garnishment).