Jurisdiction Flashcards
How does fed ct handle in personam J
fed ct- must analyze PJ as if the state, unless 3rd party D required to be joined and is served within 100 mi where summons issued
Types of J
In personam
In rem
Quasi in rem
In personam J
- forum has power over individual D
- in personam judgment gets FFC in other states
- does state have long arm statute? (SMJ)
- is it constitutional?
In rem j
- court has power to adjudicate rights of all people in re to particular item/prop
- most states have statutes for: condemnation, title registration, distrib of estate assets, grants of divorce when complaining spouse is present and subject to PJ
- doesn’t apply to prop brought into state by fraud/force
Quasi in rem J
- court has power to determine rights of individual D to specific property within court’s control (not ALL people)
- does not bind the D personally and can’t be enforced against the rest of D’s property
- disputes btwn parties over prop rights- connection btwn litigation and contact is enough for min contact
- disputes unrelated to prop
In personam J, types of state statutes granting this:
- D present + personally served in state (can’t be fraud/forced service)
- immunity for nonresident witness
- D domiciled in state (fixed home, subs connection)
- D consents to J (express, implied, appearing, advance consent via k, via agent accepting service of process)
Special appearance
In initial pleading, D may object to court’s exercise of J
Long arm statute
- few give ct power over any person or prop which state can constitutionally exercise J
- most list situations ct has power (tort occurring in state, COA arising out of transaction of business, own prop in state)
How does constitution limit personam J
requires
- contact-
a. D has min contact that J would be fair/reasonable
b. via contacts D purposefully availed himself to priv of conducting activities in state invoking its laws
* PJ if D places product in stream of commerce and does some act to show intent to serve a particular state.
* passive website- need targeting state for PJ
* active website- signif business in state for PJ, directing activities to state
c. D knew/could reasonably anticipate their activities in state render it foreseeable - relatedness- claim related to D’s contacts = fair, reasonable
- fairness- doesn’t offend traditional notions of fair play and subs justice (factors: convenience, state has legit interest in providing redress for resident, P’s interest in effective relief, judicial system’s interest in efficiency, shared state interest in furthering social policies)
- notice- reasonable method
- even under appointment, agent’s failure to notify D will prohibit J
General J
D engages in systematic & continuous activity that D is at home and court has PJ over any COA
- some physical presence is req
Diversity of J
- No P may be a citizen of the state of any D (at initiation of suit- irrelevant before or after)
- amount/value in controversy over 75k (may be dismissed if no possibility recovering that amount)
- can aggregate claims on multiple Ds only if Ds jointly liable
- multiple Ps can aggregate claims if seeking a single title/right to which they have a common or undivided interest
No diversity fed for domestic relations, probate
Federal interpleader exception- min diversity and over $500 when P (prop holder) wants 2 others to litigate dispute (insurance)
substituting party- no loss of diversity
replacing party- may lose
Alienage J
Fed ct has SMJ between US citizen and alien
State ct has SMJ if alien is permanent resident and domiciled in same state
Domicile (citizenship)
- does not determine venue
- permanent home you intend to return to
- child = parent’s
- corp- each state incorporated and 1 POB where officers direct and control activities
Unincorporated associations & LLC citizenship
citizen of each state member is from
Legal representative citizenship
same as decedent, infant or incompetent person
