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10 Cards in this Set
- Front
- Back
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Traditional Bases for Jurisdiction
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1) Penoyer v. Neff
2) Adam v. Saenger |
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in personam
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Power to render judgment for or against a person by virtue of his presence within the states territory of his citizenship there
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3 basis for in personam jurisdiction
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1. Defendant appears (consent)
2. Served with process in-state 3. Resident of the state |
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in rem
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Power to determine the status of property located within its territory, and the determination of the court is binding with respect to all possible interests holders in that property
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quasi in rem
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Court renders judgment for or against a person but recovery is limited to the value of the property that is within the jurisdiction and thus subject to the courts authority
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full fait and credit
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states have to recognize and respect the judgments in other states
- only enforceable if the judgment state had proper jursidiction over both parties |
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Blackmer Principle
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If court has jurisdictional basis for someone, then extra territorial service of process is ok
- US citizen of France can be served process by a US court - Wyoming citizen can be served process in Colorado |
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Milken Doctrine
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•Domicile in the state is alone sufficient to bring an absent defendant within the reach of the state’s jurisdiction for purpose of a personal judgment by means of appropriate substituted service
•The authority of the state over one of its citizens is not terminated by the mere fact of his absence from the state •The state which accords him privileges and affords protection to him and his property by virtue of his domicile may also exact reciprocal duties |
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Adam v. Saenger
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a nonresident voluntarily coming to a state to file suit implies consent to a counterclaim
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Pennoyer v. Neff
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if Ds property in a state is the sole basis for jurisdiction, P must attach property prior to trials as notice of claim
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