Civil Procedure Outline
I.
Personal Jurisdiction
A.
Key Terms
1.
Subject matter – does court have the authority to decide the
case
2.
Personal jurisdiction – can the decision be binding
B. Constitutional Limits
1.
The validity of every judgment depends upon the jurisdiction
of the court before it is rendered, not upon what may occur
subsequently. To give proceedings any validity, there must
be a tribunal competent by its constitution to pass upon the
subject-matter of the suit. and he must be brought within its
jurisdiction by service of process within the state, or his
voluntary appearance. (Pennoyer vs. Neff)
2.
The term "presence" is used to determine a business/person's
activities, in addition to potentially their residence and/or
activity within the jurisdiction in question.(International
Shoe)
3.
Due Process requires that if a person doesn’t have residence
in the forum then they must have certain minimum contacts
so that the suit does not offend traditional notions of fair play
and substantial justice and that the defendant can reasonably
anticipate being hailed into court (International Shoe/ World
Wide Volkswagon)
1. Due Process/Presence Test
a. Minimum Contacts
b. Fair Play
c. Substantial Justice
d. Reasonable in context of federal system
e. Estimate of inconvenience
f. Quality and nature of defendant activity
g. Fair and orderly administration of justice
2. Consent Test
a. Agents of process
b. Provisions of agreement (Forum Clause in contract)
c. Filing a claim in a jurisdiction
d. Domicile
e. Doing Business
f. Implied Consent
Jurisdiction/Due Process
C+S, K Unrelated  Maybe
C+S, K Related  Yes
C+S, Isolated, K Unrelated  No
C+S, Isolated, K Related  Maybe
Key: C=Casual, S=Single, K=Contract
4.
5.
6.
7.
8.
9.
10.
11.
The unilateral act of one party does not subject the other
party to jurisdiction in the first party’s forum. Both bilateral
acts may. (McGee Hanson, and Gray)
If a person or company benefits from the laws either directly
or indirectly, then the court has a strong case to say there is
jurisdiction.
If minimum contacts are a yes it is heavier then substantial
justice and fair play no.
a. Zippo sliding scale of website interactivity
b. Calder effect test (web sites)
i. Site to be directed at forum
ii. Expressly open activity
iii. Structuring website to appeal to those in
forum
iv. Talk and solicit customers about how your
product is advantageous to the forum
If a defendant purposefully avails themselves, then the court
most likely has jurisdiction.
a. Design for forum
b. defamation with story about x may have x
jurisdiction
c. reasonably anticipate being hailed into forum
d. predictability/preparation for defendant
Agent of service, consent, waiving jurisdiction, incorporated,
or domiciled in the forum will most likely give the courts
jurisdiction.
Justice Brennan believes that very strong fair play and
substantial justice can bolster weak minimum contacts.
Contact within forum can help grant jurisdiction
a. Not unilateral
b. Purposefully availed
c. Activities within forum
d. Benefits and protections of forums laws (directly or
indirectly)
Stream of commerce – if your product regularly enters into a
stream of commerce you are more likely to be subject to
jurisdiction.
a. This goes along with being purposefully availed
through design and such (see note 7above)
b. Foreseeability - at a medium to high level so a
vendor who seeks to serve a forum is different then
a product that traveled there by chance
c. Advertisements, Advice communications about a
product (hotlines etc.), marketing, and etc. in the
12.
II.
forum will more then likely subject you to
jurisdiction.
Asahi Three Opinions
a. No minimum contacts without intent or purpose to
serve a forum (not precedent, but good dicta)
b. If vendor knew product would end up in forum, he
benefited from laws there and is more then likely
subject to jurisdiction
c. Component part vs. whole product – component
parts won’t likely be subject to jurisdiction
i. Volume
ii. Value
iii. Hazardous nature
Notice and Opportunity to be Heard
A.
Notice
1.
An elementary and fundamental requirement of due process
in any proceeding which is to be accorded finality is notice
reasonably calculated under all circumstance to apprise
interested parties of the pendency of the action and afford
them the opportunity to present their objections. (Mulhane)
a. This doesn’t mean every person has to be reached
when people are unknown, but steps have to be
taken that are reasonable and efficient to attempt to
give everyone notice, for example mailing is for the
most art okay while an ad in the paper is not.
2.
You can leave summons with competent person at residence
3.
Society is highly mobile so traditional dwelling places or
abodes are different
a. Permanence
b. Remodeling
c. Use on other governmental forms
4.
Presence at one abode on day of service will aid notice
requirements
5.