Civil Procedure Outline I.

Personal Jurisdiction y Key Question in Personal Jurisdiction is: In what State can P sue D y Three types of Personal Jurisdiction a. In Rem: Claim against property b. In Personam: Claim against Person c. Quasi in rem: Claim against person but use property in forum as basis for personal jurisdiction Two theories of Personal Jurisdiction: o State Sovereignty o Fairness Two steps of Personal Jurisdiction: a. Statutory: FRCP 4(k)(1)(A): Serving a summons or filing a waiver of service establishes PJ over a defendant who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located. Two Types of States Long Arm Statues 1. Enumerated Acts: List of acts where PJ applies. Limits courts authority. 2. Constitutional Max: Far as constitution allows. Less hurdles more authority. b. Constitutional: Due Process Clause of 14th Amendment Two well established principles of public law a. State possesses exclusive jurisdiction and sovereignty over persons and property within its territory. b. No State can exercise direct jurisdiction and authority over persons or property without its territory. Four Traditional Basis of Personal Jurisdiction a. Consent: Fair and efficient. 1. Implied: Hess v Powlaski: D consented by driving on State highway. b. Personal Service in Forum State: c. Domicile in Forum State: Everyone has a place of domicile. d. Property in Forum State: Must be attached before judgment. Additional Basis for Personal Jurisdiction a. If he be not present in forum, he have certain minimum contacts with it such that the maintenance of suit does not offend traditional notions of fair play and substantial justice. International Shoe o Emphasizes fairness. Two Step Test for 5th basis of PJ. BurgerKing v Rudzewicz o Step One  Are contacts results of D s purposeful availment of forum?  Was it foreseeable that D would be haled into court in forum?  Quid pro Quo  What benefits did D get from contacts?  Is claim related to D s contacts? Did claim arise from contacts?

o Step Two  What is convenient or burdensome to D?  Where are the witnesses and evidence located?  What are the States interests?  Would PJ offend fair play and substantial justice?  What is Ps interest in Forum?  Judicial system efficiency interest. Shared interest of the several States in furthering fundamental substantive social policies.