This is an extract of our Jurisdiction document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of University Of Michigan Law School students.
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JURISDICTION a. Personal Jurisdiction (PJ)
The modern test for PJ is the "minimum contacts test" of International Shoe. Relevant past decisions:?Pennoyer: The court has PJ over a D who is served in state (unless he is only there due to fraud). Five ways for a court to exercise PJ over a D: o He is a resident of the state. o He is served in the state, o He consents to be served in the state. o He is sued in rem or quasi in rem. Hertz Corp. v. Friend: A corporation is a citizen BOTH of the state where it is headquartered and the state where it is legally incorporated. International Shoe v. Washington: D must have minimum contacts related to the suit: "Due process requires only that in order to subject a defendant to judgment in personam, if he not be present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice." i. The Three Elements of PJ?(1) Is there service?
o In federal court...Rule 4(k)(1):
? (A) D is subject to a court of general jurisdiction in the state where the FDC sits; or
? (B) D is joined under Rule 14 t(third party complaint) or 19 (required joinder) and is served within 100 miles of the FDC. o In state court: Does the state's long arm statute allow the court to hear the matter? The longest arm is International Shoe, but state courts may choose to exercise less PJ than that decision requires. State courts have concurrent jurisdiction over most federal matters, but the federal courts have exclusive jurisdiction in a few matters, e.g. patents, admiralty, copyright, etc. (2) Does the state's long arm statute permit the court to hear the matter?
(3) Does the Due Process Clause of the 14th Amendment allow it? (Contacts, Consent, and Notice?) ii. International Shoe: Contacts Test
NATURE OF THE CONTACTS Continuous and systematic
Isolated and sporadic?
D must have 1) purposefully availed himself of the state and protection of its laws (ensuring notice) , and 2) must be reasonable.
D must have 1) purposefully availed himself of the state and protection of its laws (ensuring notice) , and 2) must be reasonable. No jurisdiction.
Strength of Contacts o There is no PJ if D has no contacts in the forum state. o Otherwise, D's contacts are assessed on a sliding scale in two dimensions: the contacts' relationship to the claim and the nature of the contacts. Did D purposely avail himself of the foreign state's laws and protections? This stands in for notice, giving D reason to know that a suit could be brought against him.
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