OVERVIEW OF JURISDICTIONS Flashcards
JURISDICTION
Juris (law) + diction (speak)
Determines if the court has the power to hear the case.
The court must have both SUBJECT-MATTER and PERSONAL jurisdiction.
SUBJECT-MATTER JURISDICTION
Determines whether the court can hear a case regarding the topic in question (subject matter).hear a case with
Can never be waived. Anyone can raise the issue of subject-matter jurisdiction at any time; courts can never hear a case without subject-matter jurisdiction.
“Pennoyer” PERSONAL JURISDICTION
A defendant can be sued based on presence. In example, the defendants themselves can be sued or their property.
Modernly, “presence” has generally been replaced by “residence” (general jurisdiction) and “fairness” (specific jurisdiction).
“Pennoyer” IN REM JURISDICTION
Declares: “I have an interest in this property.”
If you sue an out-of-stater, you need to serve process personally; if you’re suing that person’s property in your state, no need to serve process personally
“Pennoyer” IN PERSONAM JURISDICTION
Jurisdiction against the person.
Suing the person: “You stole from me, so make me whole.”
“Pennoyer” QUASI IN REM JURISDICTION
Jurisdiction against property.
If the defendant (an out-of-stater) is not in the state to sue personally, the plaintiff may instead sue the property the defendant owns in that state.
In other words, where the state has the power (jurisdiction) to control the defendant’s property because the property is within the state.
TRANSIENT “TAG” JURISDICTION
Where a court has jurisdiction over A NONRESIDENT, who was personally served with process while temporarily in that State, in a suit UNRELATED TO HIS ACTIVITIES IN THE STATE.
Binding law. Essentially the last of PENNOYER’s (“presence”) view of jurisdiction.
See BURNHAM v. SUPERIOR COURT (1990)
PERSONAL JURISDICTION
Determines whether the court has the POWER to rule against that specific defendant, the defendant had NOTICE, and whether the defendant had the OPPORTUNITY to be heard.
Typically, defendant accepts PJ by showing up (Exception: see SPECIAL APPEARANCE).
Lack of personal jurisdiction can be waived by the defendant and IS waived if they don’t raise it in a pre-answer motion.
GENERAL JURISDICTION
Jurisdiction based on “residence.”
Where a court can hear ANY kind of claim against the defendant because of sufficient contacts.
The State has jurisdiction over the defendant if it is where the defendant is “essentially at home”
“ESSENTIALLY AT HOME”
For a corporation, means either
State of incorporation, or
State with headquarters (‘principal place of business”)
DOMICILE
Permanent home; the place you intend to return to after being temporarily away (e.g., vacation, military assignment . . .) (Synonymous with “residence”).
SPECIFIC JURISDICTION
Jurisdiction based on “fairness”
The maintenance of the suit must not offend “traditional notions of fair play and substantial justice.”
The Court has jurisdiction over a defendant in a particular state for claims SPECIFICALLY RELATED to activity in the state.
In other words, the defendant must have “sufficient minimal contacts.”
Convenience might be a factor but it’s not dispositive. Mere foreseeability does not count (WORLD-WIDE VOLKSWAGEN)
Also consider whether the state has a regulatory interest in that state.
“SUFFICIENT MINIMAL CONTACTS”
There are “sufficient minimal contacts” if the corporation TARGETED the state, if it was FORESEEABLE that the stream of commerce would be in the forum, and if they have AVAILED THEMSELVES OF THE PRIVILEGES AND LAWS of that state.
SPECIAL APPEARANCE
Where the defendant shows up only to dispute personal jurisdiction.
PLURALITY
When there is no majority decision in the court, the largest number of justices after that (not binding law).
“THE NARROWEST COMMON GROUND OF MAJORITY”
The binding precedent where there is no majority.
“PIERCING THE CORPORATE VEIL”
The corporation is only technically a separate person; in practice, the corporation is the alter ego of some other company (or some other person).
Incredibly rare. Not usually available even when one company (parent company) owns the other (subsidiary).
FORUM SELECTION CLAUSE
Determines which state a defendant can be sued in (which state has personal jurisdiction).
Must be “fundamentally fair” to be valid
CHOICE OF LAW CLAUSE
Determines which state’s law applies to litigation, regardless of which state the defendant is sued in.
MECHANISM FOR NOTICE
If personal jurisdiction can’t be agreed on, defendant must be notified (i.e., have an opportunity to dispute PJ).
Under PENNOYER, one could reach the defendant either through personal service (direct notice) or by “suing the property” (indirect notice).
Modernly, the guideline is to supply “reasonably calculated notice.”
PERSONAL NOTICE
Notice given to a specified person or persons by personal service. Completed on the day that the serving of all required notices is completed.
“SUING PROPERTY”
Legal fiction.
Done when the person can’t be found.
A presumably effective notice.
No personal service required.
It’s actual purpose is to find someone who can’t be reached, or luring an out-of-stater back into the state.
Example: “Your land will be seized. Might want to do something about it.”
REASONABLY CALCULATED NOTICE
“Reasonably calculated, under all the circumstances, to apprise the parties . . . and afford them an opportunity to present their objections”
TRUST
A collection of money and assets handled according to instructions.
LONG-ARM STATUTES
Exactly what it implies: reaching outside the state to bring defendants into court. Identifies concrete acts that create specific jurisdiction. * Just needs to follow constitutional limits (14th Amendment / “traditional notions of fair play”).
COURT OF GENERAL JURISDICTION
NOT “general jurisdiction” in the context of personal jurisdiction. Court of UNLIMITED subject matter jurisdiction.
COMPLIANT WITH DUE PROCESS
1) Defendant purposefully directed its activities at the forum
2) Lawsuit “arises out of or relates to” those activities
3) Exercise of jurisdiction is “reasonable”
Kind of an afterthought (satisfying 1 and 2 satisfies 3)
