Civil Procedure

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The 14th Amendment as it relates to Personal Jdxn

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forbids the states from depriving any person of life, liberty or property, without due process of law. A state would violate this guarantee if its courts entered judgments against D without following a fair judicial procedure (including limits on the places where a defendant can be required to defend a lawsuit)

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International Shoe

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the SC held that courts of a state may exercise personal jdxn over a D if she has such min. contacts with the state that it would be fair to require her to return and defend a lawsuit in that state

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Burger King v. Rudzewicz

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continuous but limited activity in the forum state, such as the ongoing business relationship will support 'specific' jdxn (jdxn over claims arising out of that continuous activity)

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Applying Minimum Contacts

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1. min contacts test applies to individual as well as corporate defendants
2. limitations on personal jdxn found in LAS are distinct from the constitutional limit imposed by the min. contacts test
3. a D may have sufficient contacts with a state to support min contacts there even if she did not act within state
4. min contacts analysis focuses on the time the D acted, not the time of the lawsuit

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Hanson v. Denckla

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the D must have "purposely availed itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its law"

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Exam Checklist for Spotting Issues on Jdxn Questions

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1. does the court have SUBJECT MATTER JDXN
2. does the court have PERSONAL JDXN
3. has the D been given NOTICE & AN OPPORTUNITY TO BE HEARD?
4. has the D been SERVED WITH PROCESS properly
5. does the court have VENUE
6. can the action be REMOVED to fed. court (if the case started in a state court)
7. have any of the preceding 6 issues been WAIVED? (smj cannot be waived!)

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Federal Subject Matter Jdxn

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the court's power to decide the kind of case before it

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General Principles Re: Subject Matter Jdxn

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1. the constitution & states under which the court operates MUST HAVE CONFERRED upon it's power to decide the type of case
2. SMJdxn CANNOT be conferred/created/waived
3. SMJdxn is open to objection at ANY time (FRCP 12(h)(3))

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FRCP 12(h)(3)

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parties or the court can ALWAYS raise lack of SMJdxn on it's own motion (sua sponte) and the case must be dismissed

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Sources of SMJdxn

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1. US Const.
- Art. III: defines the power of the fed courts
- Art. 2: gives Congress the power to create fed. courts inferior to the USSC
2. Statutes
- Judiciary Acts, Chapter 28 of the U.S.C

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Burden of SMJdxn

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the party seeking to invoke jdxn of the fed courts must affirmatively show that the case is w/in the competency of the court

Front 12

Diversity Jdxn
Constitutional Grand: Article III $ 2

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Federal courts have jdxn over all cases involving:
1) citizens of different states
2) Between 2 or more states
3) Between a state and citizens or another state
4) between citizens of same state claiming lands under grants of different states
5) between a state or its citizens and foreign states, citizens or subjects
6) cases in which USA is a party
7) admiralty and maritime jdxn

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Diversity Jdxn
Statutory Grant 28 USC $1332

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District Courts shall have original jdxn of all civil actions where AIC exceeds $75K AND (and and and) is between:
1) citizens of different states
2) citizens of a state and citizens/subjects of a foreign state
3) citizens of different states & in which citizens of a foreign state are additional parties
4) a foreign state as a P and citizens of a state or of different states

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Principles of Diversity Jdxn

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1. in diversity cases, SMjdxn of the fed courts is defined by who the parties to the suit are tather than the subj matter of the underlying dispute
2. diversity jdxn developed as a national forum of neutrality out of fear of bias and discrimination against non-citizen D in state courts
3. P can sue based on any state law claim --> fed courts will have SMJdxn as long as meets diversity and AIC requirements
4. Diversity is ONLY a requirement when there is no other basis for SMJdxn (i.e. fed question, US as a D etc)

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Complete Diversity

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Parties on either side of the 'v' must must must be from different states

The addition of non-diverse party AT ANY TIME destroys diversity and the claim must be dismissed for lack of SMJ
(ok if 1 of the parties laterrrr becomes a citizen of the same state as the opponent)

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When Diversity Is Determined Rule

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citizenship is determined the DAY of the INSTITUTION of the action (day the suit was filed)

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Determining Citizenship of Individuals

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Domicile controls-- (not residence)

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Domicile

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state where the person has taken up residences with the intent to reside there indefinitely (open-ended, no definite future plans to leave, true, fixed, permanent home)

Subjective intent to stay in necessary but not sufficient --> must coincide with physical presence in new domicile

domicile is the place of birth and continued through life UNLESS:
- the individual physically changes states
- and does so with the intention of remaining in the new state for the indefinite future

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Domicile is equivalent of citizenship

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individuals may have different places of residence but only on place of citizenship

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Citizenship of Corporations

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Corps. have TWO citizenships:
1) citizen of state of incorporation
citizen of state where corp. has it's principle place of business
(TRAP: states where registered to do business DOES NOT determine citizenship)

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$1332 (c)(1)

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a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business

Front 22

Test for Determining Principle Place of Business

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Nerve Center Test
Bulk of Corp Activity Test (most common)
Total Activities Test

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Nerve Center Test

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1. corporate headquarters or home office
2. where the corp. makes its executive decisions

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Bulk of Corporate Activities Test

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where the corp does profit-making activity, main production/service activities where it does pluarality of things

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Total Activities Test

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hybrid of nerve center & bulk of corp test--> considered all circumstances

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Citizenship of Unincorporated Associations/ Limited Partnerships
(partnerships and *labor unions*)

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citizenship is based on citizenship of all the individual members

(start counting heads)

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Amount in Controversy

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$1332: Current requirement must be MORE THAN $75K (excluding interest and court costs)

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Burden of Proof for Amount in Controversy

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party seeking to invoke fed jdxn needs to show that there is some *possibility* that the judgment will meet the statutory AIC; doesnt have to actually prove the amount is greater

Legal Certainty Test: court must accept the P's good faith claim unless the court is convinced to a legal CERTAINTY that the P cannot recover the jdxn'l amount

Eventual Recovery Irrelevant: satisfaction of the AIC requirement based on when the action is filed, not on what the P recovers from judgment

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What CAN be included in AIC

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- punitive damages
- attorney fees
- injunction relief

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What CANNOT be Included in AIC

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- counterclaims
- interest
- court costs

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in personam jdxn

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power of court to exercise jdxn over the person

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in rem jdxn

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power of the court to exercise jdxn over property/things located within the forum

-dispute over property, claim to quiet title against anyone who might have a claim to it
-no minimum contacts required b/c contact are inherent when property in w/in the state

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quasi in rem

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used to adjudicate a claim over the person but operates on the property owned w/in the forum --> always specific

amount of recovery CANNOT exceed value of the property attached

Front 34

Personal Jurisdiction
3 Questions

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1: Is there a traditional basis for PJ?
2: Does the state's LAS apply?
3. If the LAS applies, is the application of the LAS constitutional?

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6 Traditional Ways In Which A Court Acquires PJ

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1. Physical Presence
2. Domicile
3. Agency
4. Express Consent
5. Implied Consent
6. Corporate Presence

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Part 1 of the Due Process Analysis

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Minimum Purposeful Contacts

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Part 2 of the Due Process Analysis

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Traditional Notions of Fair Play and Substantial Justice

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Four Fairness Factors to Consider

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1. Burden on D of defending in forum state
2. Forum State's interest in adjudicating the claim
3. P's interest in obtaining convenient and effective relief
4. Shared interest of the several states in furthering fundamental substantive social policies