Mapa mental
1. Personal Jurisdiction

Mind map: Personal jurisdiction
Contenido del mapa
1. Personal Jurisdiction
Personal Jurisdiction
- 3 Steps to PJ
- Step 1: State Statute - Long Arm
- Step 2: In Due Process Circle?
- Constitutional - Entitled to Full Faith and Credit
- Step 2: In Due Process Circle?
- Step 1: State Statute - Long Arm
- Types
- Jurisdiction Over Defendant
- In Personam
- General
- D can be sued in forum for claim that arose ANYWHERE in the world
- Specific
- D is sued on claim that arose IN FORUM
- Doctrine of Relatedness
- D is sued on claim that arose IN FORUM
- General
- In Personam
- Jurisdiction Over D's Property
- In Rem
- Lawsuit is over who owns the property
- Quasi In Rem
- Dispute has nothing to do with ownership, D clearly owns it, dispute is over something else
- Pennoyer's underlying case - Mitchell v. Neff
- Dispute has nothing to do with ownership, D clearly owns it, dispute is over something else
- In Rem
- Jurisdiction Over Defendant
- 3 Steps to PJ
In Personam Jurisdiction
- I. Constitutional Analysis
- 1. Does a traditional basis apply from Pennoyer?
- Yes
- Based on Burnham...
- May its ok by itself
- But still do Shoe
- Maybe not ok by itself, might have to do Int'l Shoe
- May its ok by itself
- Based on Burnham...
- No
- 2. Then Do Shoe
- A. is there a relevant contact between D and Forum?
- No - NO PJ
- Yes
- B. Was there purposeful availment?
- Yes
- C. Fairness
- Inconvenience for D and Witnesses
- BK makes it almost impossible to show this
- Relative wealth doesn't matter
- BK makes it almost impossible to show this
- Forum States Interest
- McGee
- State has interest in protecting citizens form getting ripped off
- McGee
- P's interest
- interest in convenience
- Legal systems interest in efficiency
- Shared Substantive policies
- Inconvenience for D and Witnesses
- C. Fairness
- Yes
- B. Was there purposeful availment?
- A. is there a relevant contact between D and Forum?
- 2. Then Do Shoe
- Yes
- II. State Statute Analysis
- Non-resident motorist act
- Long Arm Statute
- Allows you to sue a non-resident; lists things that non-residents can do in state that would subject them to PJ
- Typical example: Non-Resident commits a Tort
- Person A produced widgets, widget directly sold to someone in state B and it blows up in state B - did you commit a Tort in state B - some say yes (injury was there) some say no (act wasn't there)
- 1. Does a traditional basis apply from Pennoyer?
- I. Constitutional Analysis
Quasi In Rem/ In Rem
- I. Constitutional Requirement
- 1. Property is attached at onset of suit
- II State Statute
- Attachment Statute
- Says state has power over property person owns in state
- All states have them
- Attachment Statute
- 2. International Shoe Minimum Contacts
- Shaeffer v. Heitner
- Held Constitution test for in rem/ QIR is the same as In Personam (International Shoe)
- Shaeffer v. Heitner
- I. Constitutional Requirement
Información
- Descripción
- Civil Procedure Mapa Mental sobre 1. Personal Jurisdiction, creado por caitlynbingaman2 el 29/11/2013.
- Creado por
- caitlynbingaman2
- Visitas
- 248
- Etiquetas
- Valoración