OVERVIEW OF JURISDICTIONS

Question 1

JURISDICTION

Answer 1

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.

Question 2

SUBJECT-MATTER JURISDICTION

Answer 2

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.

Question 3

“Pennoyer” PERSONAL JURISDICTION

Answer 3

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Modernly, “presence” has generally been replaced by “residence” (general jurisdiction) and “fairness” (specific jurisdiction).

Question 4

“Pennoyer” IN REM JURISDICTION

Answer 4

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

Question 5

“Pennoyer” IN PERSONAM JURISDICTION

Answer 5

Jurisdiction against the person.

Suing the person: “You stole from me, so make me whole.”

Question 6

“Pennoyer” QUASI IN REM JURISDICTION

Answer 6

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.

Question 7

TRANSIENT “TAG” JURISDICTION

Answer 7

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)

Question 8

PERSONAL JURISDICTION

Answer 8

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.

Question 9

GENERAL JURISDICTION

Answer 9

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”

Question 10

“ESSENTIALLY AT HOME”

Answer 10

For a corporation, means either

State of incorporation, or

State with headquarters (‘principal place of business”)

Question 11

DOMICILE

Answer 11

Permanent home; the place you intend to return to after being temporarily away (e.g., vacation, military assignment . . .) (Synonymous with “residence”).

Question 12

SPECIFIC JURISDICTION

Answer 12

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.

Question 13

“SUFFICIENT MINIMAL CONTACTS”

Answer 13

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.

Question 14

SPECIAL APPEARANCE

Answer 14

Where the defendant shows up only to dispute personal jurisdiction.

Question 15

PLURALITY

Answer 15

When there is no majority decision in the court, the largest number of justices after that (not binding law).

Question 16

“THE NARROWEST COMMON GROUND OF MAJORITY”

Answer 16

The binding precedent where there is no majority.

Question 17

“PIERCING THE CORPORATE VEIL”

Answer 17

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).

Question 18

FORUM SELECTION CLAUSE

Answer 18

Determines which state a defendant can be sued in (which state has personal jurisdiction).

Must be “fundamentally fair” to be valid

Question 19

CHOICE OF LAW CLAUSE

Answer 19

Determines which state’s law applies to litigation, regardless of which state the defendant is sued in.

Question 20

MECHANISM FOR NOTICE

Answer 20

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.”

Question 21

PERSONAL NOTICE

Answer 21

Notice given to a specified person or persons by personal service. Completed on the day that the serving of all required notices is completed.

Question 22

“SUING PROPERTY”

Answer 22

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.”

Question 23

REASONABLY CALCULATED NOTICE

Answer 23

“Reasonably calculated, under all the circumstances, to apprise the parties . . . and afford them an opportunity to present their objections”

Question 24

TRUST

Answer 24

A collection of money and assets handled according to instructions.

Question 25

LONG-ARM STATUTES

Answer 25

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”).

Question 26

COURT OF GENERAL JURISDICTION

Answer 26

NOT “general jurisdiction” in the context of personal jurisdiction. Court of UNLIMITED subject matter jurisdiction.

Question 27

COMPLIANT WITH DUE PROCESS

Answer 27

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)