Mass Civ Pro - Right Court?

Question 1

Two Step Process for Satisfying Personal Jurisdiction:

Answer 1

Step 1: Satisfy a statutory requirement (usually the long-arm).

Step 2: Satisfy the Constitution

Question 2

Statutory Bases for PJ in Mass.

Answer 2

(1) D is present instate when served with process unless procured by fraud or duress.
(2) D is domiciled or resides in MA.
(3) D has a usual place of MA.
(4) D consents to jurisdiction
(5) D is incorporated in MA.
(6) The Long-Arm Statue (see separate card) [Applies to those who don’t meet above]
(7) Nonresident motorist statute (NMS) - Nonresident motorist appoints RMV as her agent for service.

Question 3

Ways to Obtain PJ under the Long-Arm Statute:

Answer 3

Claim against the nonresident must arise from nonresident’s doing one or more of the following:

(A) Transacting any business in MA

(B) Contracting to supply services or things in MA

(C) Causing tortious injury in MA by any act or omission in MA

(D) Causing tortious injury in MA by act or omission out of state.

Only works if D (1) Regulatory does or solicits busines, (2) engage in other consistent course of conduct, or (3) derives substantial revenue from goods used or consumed or services rendered here.

(E) Holding an interest in, or using, or possessing real property in MA

(F) Contracting to insure any person, property, or risk in MA

(G) Living as a party to marriage where the martitial domicile has been in MA for at least one year within the two years before commencement of suit.

NOTE: **Long Arm is interpreted to reach to the constitutional limit.

Question 4

Constitution Standard for PJ

Answer 4

Test: Does D have “such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice?

(1) Contact - Must be some time between D and the forum:
* *Contact must result from purposeful (voluntary act) availment.

Fair Play and Substantial justice

(a) Relatedness between contact and claim asserted by P. [always met under long-arm.]

   To be subject to general PJ, D must have substantial and contiuous ties with forum such that she is "essentially at home" (aka domicile)

(b) Convenience for D, witnesses, and other parties. [Would need to be gravely 
(c) State's interest to provide a forum for citizens.

Question 5

SMJ in MA (Superior vs. District Court)

Answer 5

If P seeks only equitable damages - must go to Superior.

If Damages + Equitable, can go to district.

Superior Court hears claims of $25,000 or more. Otherwise to district.

Superior courts - 12 jurors, District court - 6

Question 6

MA Rules on Venue

Answer 6

MA will enforce forum selection clause unless product of fraud, abuse of power or other unconscionable behavior.

Superior court - venue laid in county

District - venue laid in the district

Local Action about land –> venue laid where the land is.

All other actions - where a party resides or has its usual place of business

For district court cases - can be in a neighboring district.

If neither P or D in state - anywhere

Redelivery or return of personal property - where property is located.