power theory of jurisdiction Flashcards
what is personal jurisdiction
refers to the power of the court to make descsions that affect a particular party
Its one of the preliminary questions that laywers must answer before deciding where to file a lawsuit
what does a court need to issue a jdugment against a defendant
it must have PERSONAL JURISDICTION over that defendant
Personal jurisdiction and the due process clause of the 14th amendment – how are they connected
The 14th amendment restrains the state from taking certain actions, stating that a state can’t ‘deprive any person of life, liberty, or property, without DUE PROCESS of the law’
Both state and federal courts must satisfy the requirements of due process when they are issuing judgments against defendants in lawsuits
is pennoyer v neff still good law
Most of pennoyer is not good law anymore, but we study it so show how the theory of personal jurisdiction has evolved over time
what was the first lawsuit in pennoyer and describe it
Micthell v Neff – the attorney fee case
If you’re going to sue someone, you have to let the other party know – ie care of due process
Micthell, the lawyer that wanted his money from Neff, let Neff know via publication in Oregon, which was legal according to the laws of Oregon. This is called service by publication
What’s wrong with this? Neff didn’t live in Oregon! How was he supposed to get notice, especially way back in those days?
So because Neff was never made aware of the lawsuit, he never shows up to court, and Micthell wins.
Micthell uses the land that was Neff’s via the judgment, and sold it to Pennoyer
what is the second lawsuit in pennoyer about
Neff finally gets the land (ie the basis of why he needed Micht as his lawyer to begin with), just to find out that it was sold to Pennoyer
He sues Pennoyer (collateral) and this present case is about the validity of the judgment in the first lawsuit
can a state take your life, liberty and or property from you?
yes! they just need to properly issue due process of the law
how can due process be reached
Process can be minimal = ie issuance of a traffic ticket
Process can be large= what process is required to issue a death sentece/capital punishment
Types of personal jurisdiction in Pennoyer – 3 in all
In personem- jurisdiction over the person due to presence, statute, or actions - ‘against the person’
In rem- jurisdiction over property in an action to quiet title as against any an all potential claimants - against the thing
You sue the property, and put notice out to world and tells anyone that thinks they own it to show up
Quasi in rem- an odd combo of both; ‘as if against the thing’
Quassi in rem One
Suit is about the property and who has a claim to the property
Resolves property based claims
Requires attachment of property to bring potential property owner over ot the state
Quassi in rem two
In personem suit, that uses attachment of property to lure person in the state
The most you can recover in the in personem suit is the value of the proeprty
what is the rule from pennoyer (even tho its bad law)
states at this point in history only have in personem personal jurisdiction within their own states
States are powerful in its OWN BOARDERS, and powerless outside of its boarders
what is the structure of of a personal jusrisdiction analysis
- determine whether the forum state has a statute authorizing the court to exercise jurisdiction over a defendant in the circumstance’s of the case
- determine whetehr this statue was followed/complied with – if not, no PJ
- if the statute was complied with, determine whether the excersisse of jurisdiction is consittuional.
