Old Personal Jurisdiction Rules Flashcards Preview

Civil Procedure > Old Personal Jurisdiction Rules > Flashcards

Flashcards in Old Personal Jurisdiction Rules Deck (12)
Loading flashcards...

Define: In Personam Jurisdiction

Latin for "against the person." In procedure: an action taken against a person which involved his personal rights and is based on jurisdiction over him as a person. One must personally serve that person with process within the boarders of the state in question.


Define: In Rem Jurisdiction

Latin for "against a thing." A lawsuit in rem involves settlement of a property claim without reference to the individual claimants. This judgement is binding on all claimants to the property, whether they are parties to the action or not.


Define: Quasi In Rem Jurisdiction

When in rem jurisdiction as used to adjudicate claims unrelated to the property itself.


What is the simplified rule of Pennoyer v. Neff and the rule about presence in 1877?

Presence within a state is required OR if defendant has property within the state then the property can be attached to a lawsuit and count as presence.


What is the rule from International Shoe v. Washington?

Due process requires that a Defendant only must have "certain minimum contacts with the forum such that maintenance of the suit does not offend traditional notions of fair play and substantial justice."


What are minimally sufficient contacts from International Shoe?

Contacts which are:
1) Purposeful
2) Intentional
3) Not done by a 3rd party
4) Defendant gathers benefits from the laws of the forum state.


What is the activities and C/A chart in relation to Jurisdiction in International Shoe tell us?

1) Lots of activities + relation to cause of action is continuous and systematic = Yes jurisdiction
2) Lots of activities + cause of action is unrelated to activities = possible jurisdiction
3) Single or Isolated Activities + Cause of action is continuous and systematic = possible jurisdiction
4) Single or isolated activities + Unrelated to cause of action = no jurisdiction


What does Specific Jurisdiction require?

Minimal contacts within the state and activities (contacts) must be RELATED to the cause of action.


What does General Jurisdiction require?

A very large and substantial amount of contacts within the forum state so the relation between cause of action and contacts does not matter.
Contacts within the forum state are so numerous that the relation to cause of action does not matter.


Define: Derivative Action

A representative of a corporation, independent of its directors, sued the directors and trustees charging misguiding of the corporations affairs; proceeds of a successful suit with go back into the corporation.


What does Shaffer v. Heitner say about Quasi In Rem jurisdiction?

It basically destroys it. The court ruled that International Shoe test covered quasi in rem, in personam, and in rem. This removes Quasi In Rem because in personam covered the person, in rem covered the thing and quasi in rem covered the middle ground. So by applying International Shoe, the court removed the distinction between the person and the thing.


What does the removal of quasi in rem jurisdiction in Shaffer mean for ownership of property within a state?

It breaks into two categories:
1) Property RELATED to the cause of action = jurisdiction
2) Property UNRELATED to the cause of action = treated as a contact which MAY lead to jurisdiction.