Federal Civil Procedure

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  • Topic: Jurisdiction, Civil procedure, Personal jurisdiction
  • Pages : 3 (684 words )
  • Download(s) : 29
  • Published : January 2, 2012
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I. Personal Jurisdiction – in what state can the P sue the D? a. Two step-analysis
i. Satisfy a statute AND
ii. Satisfy the constitution (due process)
b. In Personam Jurisdiction – jurisdiction over person, not property, b/c of some contact b/t D and forum state i. Statutory Analysis
1. Every state has statutes allowing jurisdiction based on domicile, presence instate when served w/ process, and consent (implied or actual). 2. Long-arm statute ( allows jurisdiction over non-residents ii. Constitutional Analysis (International Shoe) 1. Test ( Does D have “such minimum contacts w/ the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice” 2. Factors

a. Contact – some tie b/t D and forum i. Purposeful Availment – D’s voluntary act 1. i.e. D ships goods into forum state or D uses roads or causes effects in forum state ii. Foreseeability – D would get sued in this forum b. Fairness

i. Relatedness – b/t contact and the claim 1. not always necessary to have relatedness if have substantial ties w/ the forum a. i.e. D domiciled there, business there, served w/ process there can be sued in that state under general jurisdiction ii. Convenience – forum ok unless puts D at a severe disadvantage in the litigation iii. State’s interest – provide forum for its citizens TIP: My parents frequently forgot to read childrens’ stories

M – minimum contacts
P – purposeful availment
F – foreseeability
F – fairness
R – relatedness
C – convenience
S –...
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