1. Personal Jurisdiction

caitlynbingaman2
Mind Map by , created almost 6 years ago

Civil Procedure Mind Map on 1. Personal Jurisdiction, created by caitlynbingaman2 on 11/29/2013.

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caitlynbingaman2
Created by caitlynbingaman2 almost 6 years ago
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1. Personal Jurisdiction
1 Personal Jurisdiction
1.1 3 Steps to PJ
1.1.1 Step 1: State Statute - Long Arm
1.1.1.1 Step 2: In Due Process Circle?
1.1.1.1.1 Constitutional - Entitled to Full Faith and Credit
1.2 Types
1.2.1 Jurisdiction Over Defendant
1.2.1.1 In Personam
1.2.1.1.1 General
1.2.1.1.1.1 D can be sued in forum for claim that arose ANYWHERE in the world
1.2.1.1.2 Specific
1.2.1.1.2.1 D is sued on claim that arose IN FORUM
1.2.1.1.2.1.1 Doctrine of Relatedness
1.2.2 Jurisdiction Over D's Property
1.2.2.1 In Rem
1.2.2.1.1 Lawsuit is over who owns the property
1.2.2.2 Quasi In Rem
1.2.2.2.1 Dispute has nothing to do with ownership, D clearly owns it, dispute is over something else
1.2.2.2.1.1 Pennoyer's underlying case - Mitchell v. Neff
2 In Personam Jurisdiction
2.1 I. Constitutional Analysis
2.1.1 1. Does a traditional basis apply from Pennoyer?
2.1.1.1 Yes
2.1.1.1.1 Based on Burnham...
2.1.1.1.1.1 May its ok by itself
2.1.1.1.1.1.1 But still do Shoe
2.1.1.1.1.2 Maybe not ok by itself, might have to do Int'l Shoe
2.1.1.2 No
2.1.1.2.1 2. Then Do Shoe
2.1.1.2.1.1 A. is there a relevant contact between D and Forum?
2.1.1.2.1.1.1 No - NO PJ
2.1.1.2.1.1.2 Yes
2.1.1.2.1.1.2.1 B. Was there purposeful availment?
2.1.1.2.1.1.2.1.1 Yes
2.1.1.2.1.1.2.1.1.1 C. Fairness
2.1.1.2.1.1.2.1.1.1.1 Inconvenience for D and Witnesses
2.1.1.2.1.1.2.1.1.1.1.1 BK makes it almost impossible to show this
2.1.1.2.1.1.2.1.1.1.1.1.1 Relative wealth doesn't matter
2.1.1.2.1.1.2.1.1.1.2 Forum States Interest
2.1.1.2.1.1.2.1.1.1.2.1 McGee
2.1.1.2.1.1.2.1.1.1.2.1.1 State has interest in protecting citizens form getting ripped off
2.1.1.2.1.1.2.1.1.1.3 P's interest
2.1.1.2.1.1.2.1.1.1.3.1 interest in convenience
2.1.1.2.1.1.2.1.1.1.4 Legal systems interest in efficiency
2.1.1.2.1.1.2.1.1.1.5 Shared Substantive policies
2.1.2 II. State Statute Analysis
2.1.2.1 Non-resident motorist act
2.1.2.2 Long Arm Statute
2.1.2.2.1 Allows you to sue a non-resident; lists things that non-residents can do in state that would subject them to PJ
2.1.2.2.2 Typical example: Non-Resident commits a Tort
2.1.2.2.2.1 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)
3 Quasi In Rem/ In Rem
3.1 I. Constitutional Requirement
3.1.1 1. Property is attached at onset of suit
3.1.2 II State Statute
3.1.2.1 Attachment Statute
3.1.2.1.1 Says state has power over property person owns in state
3.1.2.1.2 All states have them
3.1.3 2. International Shoe Minimum Contacts
3.1.3.1 Shaeffer v. Heitner
3.1.3.1.1 Held Constitution test for in rem/ QIR is the same as In Personam (International Shoe)

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