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This document defines key terms related to civil procedure and jurisdiction. It explains different types of jurisdiction including personal jurisdiction over individuals, subject matter jurisdiction of federal courts, in rem jurisdiction over property, and quasi in rem jurisdiction to settle disputes up to the value of property. It also defines related concepts like writs that can be issued, the full faith and credit clause, collateral attacks on judgments, special appearances to challenge jurisdiction, and diversity jurisdiction in federal courts.
This document defines key terms related to civil procedure and jurisdiction. It explains different types of jurisdiction including personal jurisdiction over individuals, subject matter jurisdiction of federal courts, in rem jurisdiction over property, and quasi in rem jurisdiction to settle disputes up to the value of property. It also defines related concepts like writs that can be issued, the full faith and credit clause, collateral attacks on judgments, special appearances to challenge jurisdiction, and diversity jurisdiction in federal courts.
This document defines key terms related to civil procedure and jurisdiction. It explains different types of jurisdiction including personal jurisdiction over individuals, subject matter jurisdiction of federal courts, in rem jurisdiction over property, and quasi in rem jurisdiction to settle disputes up to the value of property. It also defines related concepts like writs that can be issued, the full faith and credit clause, collateral attacks on judgments, special appearances to challenge jurisdiction, and diversity jurisdiction in federal courts.
Judicial Jurisdiction: the power of a court to render judgment that other courts and government agencies will recognize and enforce.
Personal Jurisdiction: the power of a given court to issue a judgment that is binding on a person or affects his property.
Subject Matter Jurisdiction: the power of federal courts (as opposed to state) to decide certain kinds of cases.
Writ of Execution: issued by the court, which will authorize the sheriff to seize any property belonging to the defendant and sell it (typically through an auction) and give the resulting money to the plaintiff (up to the amount of the judgment.
Sheriffs Deed: when a writ of execution is issued, the sheriff will place the property up for sale and the buy will receive a sheriffs deed as evidence of title.
Writ of Attachment: a writ ordering legal seizure of property or of a person.
Constructive: fictional or pretend.
Attachment: legal term for an officially sanctioned seizure of property. o Ie: real estate, cars, and other property may be attached. o Sometimes attachment means literal seizure; other times it means posting notices on property or on records of title so that prospective buyers know it cannot be sold.
In Personam Jurisdiction: for personal jurisdiction, there must be power over the individual or corporate defendant, and the exercise of jurisdiction must not be unreasonable. There are several recognized bases of power: o General Jurisdiction. Both presence and domicile of defendant give power to adjudicate any personal claim. o Specific Jurisdiction. The lesser contacts of consent and certain forum- directed acts (such as sufficiently substantial tortious acts, business activity, acts related to property, and litigating acts) by defendant give power to adjudicate only those personal claims related to the contacts.
In Rem Jurisdiction: power over the persons property. o Pure In Rem: jurisdiction in rem can result in a judgment affecting the interests of all persons in a designated thing. To satisfy the power test, such an action normally must be brought where the thing is. Unreasonableness will then be the key test. Quasi In Rem Jurisdiction: power to settle personal dispute between parties but only up to the value of property located in the state. o Quasi In Rem Type 1: this variety of jurisdiction quasi in rem can result in a judgment affecting only the interests of particular persons in a designated thing, and may be invoked by a plaintiff seeking to establish a pre-existing interest in the thing as against the defendants interest. To satisfy the power test, such an action normally must be brought where the thing is. Unreasonable- ness will then be the key test. o Quasi In Rem Type 2: this variety of jurisdiction quasi in rem can result in a judgment affecting only the interests of particular persons in a designated thing, and may be invoked by a plaintiff seeking to apply the defendants property to the satisfaction of a claim against defendant that is unrelated to the property. To satisfy the power test, such an action normally must be brought where the thing is. Unreasonableness will then be the key test, but is here so difficult to satisfy that such jurisdiction is available only in rather special situations.
Full Faith & Credit Clause: requires judgments to be respected and enforced in other states only if the court rendering judgment in the first instance had jurisdiction.
Collateral Attack: defendant files second suit to challenge the validity of the judgment in the first suit (as opposed to filing an appeal in the first suit). A collateral attack can only challenge the jurisdiction of court to decide the controversy.
Special Appearance: appearance for the limited purpose of challenging the jurisdiction.
Diversity Jurisdiction: a federal court's exercise of authority over a case involving parties who are citizens of different states and an amount in controversy greater than a statutory minimum.
Status Exception: every state has the power to determine the civil status of their inhabitants.
Waiver of Jurisdiction: making any pre-answer motion that omits a defense or personal jurisdiction.
Substituted Service: service other than personal service in the forum state.
Domicile: Where one lives with intent to remain (you can only have one domicile at a time).