Civil Procedure: Territorial Jurisdiction

What is the meaning of 'general jurisdiction'?

'General jurisdiction' means that the defendant is subject to a suit on any claim in the forum state. This is compared to specific jurisdiction, when claims may arise only from jurisdictional contacts with the state. It is used when the relation between the defendant's contacts with the jurisdiction and the claim are not sufficient.

What private factors does the court consider in determining a motion for forum non conveniens?

(1) Relative ease of access to sources of proof. (2) Availability of compulsory process. (3) Cost of obtaining attendance of willing witnesses. (4) The need to have the jury look at locations involved in the suit.

What are a defendant's options with respect to opposing jurisdiction?

(1) The defendant can default and later argue under full faith and credit that the default was entered by a court without jurisdiction. (2) The defendant can appear or make a special appearance (where required) and litigate jurisdiction and other defenses

What factors are used to determine fair play and substantial justice (reasonableness)?

(1) The interest of the state in providing a forum to the plaintiff. (2) The interest of the state in regulating the activity involved. (3) The burden of defense in the forum on the defendant. (4) The relative burden on the plaintiff in another forum. (5) Whether the defendant's activity in the forum is systematic and continuous. (6) The extent to which the claim relates to the defendant's activities in the forum state. (7) Avoidance of multiple suits.

What public factors does the court consider in determining a motion for forum non conveniens?

(1) The local interests in the controversy (2) The interest in having a trial in a forum that is versed in the law to be applied. (3) Avoiding unnecessary conflicts of laws. (4) The unfairness in burdening citizens of an unrelated forum with the costs and the responsibilities of jury duty.

What types of substituted service are proper under federal rules?

A copy of the summons and complaint may be left at the usual place of abode of the defendant with a person of suitable age and discretion. A copy of the summons and complaint may also be mailed with an acknowledgment of service and is effective only if the defendant executes and returns the acknowledgment.

What is a long arm statute?

A long arm statute is a constitutionally permissible statute that authorizes extraterritorial jurisdiction in a forum.

When is a natural person subject to general jurisdiction?

A natural person is subject to general jurisdiction in the state of his domicile. Domicile is determined by presence in the state with the intent to make it one's home for an indefinite period.

Is any consideration given to the plaintiff's position prior to transfer?

A plaintiff's choice of forum should be respected unless the balance of conveniences favors transfer by a preponderance.

When does an appearance by a defendant constitute a voluntary appearance for purposes of determining jurisdiction?

An appearance to litigate on the merits is generally considered to be a voluntary appearance in all jurisdictions. In most states and federal court, an appearance to litigate a lack of personal jurisdiction is not a voluntary appearance.

What types of special venue statutes have been created by Congress?

Congress has created special venue statutes for patents (venue is proper in any district where the defendant committed the acts or where he has a regular and established place of business), and copyrights (venue is proper in any district in the which the defendant or his agent can be found).

Where are corporations subject to general jurisdiction?

Corporations are subject to general jurisdiction in the state of incorporation, in the state where its headquarters (includes temporary headquarters) are located, and in states where they conduct substantial activity.

What procedural requirements are necessary for a prejudgment seizure of a defendant's property?

Due process requires that: There must be a preseizure notice and hearing; the plaintiff must submit a detailed statement of the alleged claim, under oath, and by a person with personal knowledge; a neutral judicial officer must decide on whether to issue the preseizure writ; a bond must be posted by the plaintiff to guard against improper seizure; and there must be some right for the defendant to have a post seizure hearing wherein the plaintiff must demonstrate that he should prevail in the action.

What is the purposeful availment requirement under Hanson?

For in personam jurisdiction, there must be some act by which the defendant purposefully avails himself of the privilege of conducting activities within the forum state, thus invoking the benefit and protections of the forum state's laws.

What types of activities by the defendant meet the purposeful availment requirement?

Generally, the court looks for a voluntary action by the defendant that establishes a relationship with the forum whereby the defendant receives benefits from that relationship with the forum state.

What is constructive notice?

If a person cannot be located by reasonable efforts, notice requirements may be met by publishing notice in local papers pursuant to statutory instructions.

What are the general state venue limitations?

If multiple defendants are sued, the action may be taken in any county where one of the defendants resides. In some jurisdictions, the suit may be taken where the claim arose. Actions for real property are taken in the county where the property is located. Nonresidents may be sued in any county.

What risk does a defendant run in defaulting and later arguing a lack of jurisdiction under full faith and credit?

If the defendant loses his full faith and credit argument, he may not defend on the merits.

What action should a federal court take if it is found to be a court of forum non conveniens?

If the proper forum is another country, the court must dismiss the action. If the forum non conveniens problems can be resolved by transfer, the court may not dismiss the suit.

What is forum non conveniens?

If venue and jurisdiction are proper, a court still cannot accept jurisdiction if the location for the case is extremely inconvenient.

When may a federal case be transferred to another federal court?

If venue or jurisdiction is improper, the court may transfer the case to a proper court or dismiss the case. Even if venue and jurisdiction are proper, the court can transfer for the convenience of the parties, the witnesses, and in the interests of justice.

How did the court eventually limit the scope of McGee?

In Hanson v. Denckla, the court limited single contact jurisdiction with a purposeful availment requirement.

What is a special appearance?

In a minority of states, a defendant who objects to personal jurisdiction must make a special appearance. If the defendant makes a special appearance in these states and raises matters other than personal jurisdiction, he runs the risk of having made a voluntary appearance and invoking general jurisdiction.

What is in personam jurisdiction?

In personam jurisdiction allows courts to enter a judgment that personally binds a party to a lawsuit. The court may order equitable or injunctive relief or allow a party to a lawsuit to collect damages in the form of monetary relief.

What is in rem jurisdiction?

In rem jurisdiction allows a court to determine the rights of all possible claimants in specific property.

What types of proceedings are based on in rem jurisdiction?

In rem proceedings include condemnation, forfeiture of property to state, and settlement of estates

How is the location of intangible property determined for purposes of jurisdiction?

Intangible property is located in a state or states if some transaction related to the property occurred within that particular state. However, when more than one state can claim location, due process requires that any conflicting or duplicative claim may not be made unless it is guaranteed that no other state would make such a claim.

What case displaced Pennoyer's requirement of service within the state to support in personam jurisdiction?

International Shoe Co. v. Washington.

Does the fact that a forum state's law applies to a dispute have any relevancy in establishing purposeful availment?

It has no bearing on purposeful availment.

How does the presence of a defendant's property in a forum make jurisdiction constitutional?

It is generally constitutional because the presence of the property in the forum establishes a relevant contact between the defendant and the forum.

How difficult is it to establish reasonableness if the defendant has purposefully directed his activities at forum residents?

It is very easy. The defendant must present compelling evidence to render jurisdiction unreasonable.

What reasoning was used under the traditional power theory to allow a state to determine the status of one of its citizens toward another out of state citizen in divorce cases?

It was reasoned that the marriage was a res that could be subject to the states in which any of the spouses lived. This applied to divorces only and not to alimony and child support.

Is transient jurisdiction valid if the defendant was fraudulently induced into the forum state?

No

Was due process involved in the Pennoyer v. Neff decision stating the traditional power theory?

No. Due process under the fourteenth amendment did not become effective until after the property was sold. The Due Process Clause had no role in the outcome of the case.

Is all service within a forum state proper to support jurisdiction?

No. If a defendant is served in a jurisdiction because he was lured to the jurisdiction by false statements from the plaintiff, the court will not allow jurisdiction based on process.

Does a transfer for convenience affect choice of laws?

No. If the plaintiff sues in the proper venue and proper jurisdiction in the first place, transfer does not affect the choice of laws. If the venue or jurisdiction were improper in the first place, the choice of law rules of the transferee state will be applied.

Are any of the factors used to determine fair play and substantial justice critical to a finding of reasonableness?

No. None of the factors are critical. The weight of all the factors combined determine reasonableness.

Is a post judgment seizure of property under the traditional power theory sufficient to support jurisdiction in the absence of service of the defendant within the jurisdiction?

No. Seizure after judgment is insufficient. There would be no jurisdiction under the traditional power theory.

May a plaintiff obtain jurisdiction for all intentional torts if a defendant has targeted his action or has intended effects in the plaintiff's forum state?

No. The intentional torts must relate to a wrongful or commercial activity.

Does the purposeful availment requirement focus on the activities of the plaintiff?

No. The purposeful availment requirement is determined by looking solely at the activities of the defendant.

Is reasonable foreseeability that a suit might be filed in a forum state sufficient by itself to satisfy due process requirements?

No. Under World-Wide Volkswagen v Woodson, foreseeability is determined by the correlation of the defendant's conduct and connection to the forum such that a defendant should reasonably anticipate being haled into court in that forum.

Is the unilateral act of the plaintiff bringing a product to the forum state sufficient to establish the necessary correlation test of foreseeability?

No. Unilateral actions by the plaintiff do not satisfy the correlation test of foreseeability.

What must be accomplished by giving notice?

Notice must have a reasonable prospect of informing the defendant of the nature and place of the proceeding.

Under the traditional power theory, was notice required for entry of judgment?

Notice was not required for entry of judgment. A prejudgment seizure of the defendant's property was sufficient.

What other factors besides a defendant's contacts are used to determine jurisdiction?

Once purposeful availment is determined, the court will look into a number of plaintiff's interests and factors to determine the reasonableness of holding jurisdiction in the plaintiff's forum.

How do federal courts exercise jurisdiction with respect to state long arm statutes?

Process can be served beyond the state in which the court is located if a state statute authorizes the service. Exceptions: Certain federal statutes provide for nationwide jurisdiction, other statutes authorize jurisdiction of any person who lives within 100 miles of a federal courthouse and is either a necessary party (Rule 19) or is impleaded (Rule14).

Under the traditional power theory and its application of quasi in rem jurisdiction, how is 'property' defined?

Property under the traditional power theory was defined very liberally; it included debts owed by a temporary visit to the state, and even the seizure of an insurer's obligation to defend and indemnify an insured.

Is purposeful availment found by a judge more readily in commercial activity than in noncommercial activity?

Purposeful availment is found more easily with respect to commercial activity.

How does quasi in rem jurisdiction differ over in rem and personal jurisdiction?

Quasi in rem jurisdiction differs from jurisdiction in personam and in rem in that the court cannot impose a personal obligation upon the parties and cannot determine the rights of all persons in the property.

Is the fact that a defendant would suffer no or minimal inconvenience in another forum state relevant to determination of purposeful availment?

Reasonableness is insufficient to satisfy the purposeful availment requirement.

How is service of process generally accomplished?

Service of process can be made by personal delivery (corporations, partnerships, and unincorporated associations require personal service to be made to an officer, managing agent, or other agents authorized by law). Service of process can also be made by substituted service.

What types of specific acts does a long arm statute generally address?

Some of the types of specific acts include: (1) Transacting business within the state. (2) Committing a tortious act within the state. (3) Ownership, use, or possession of real property within the state.

What is the corollary to the traditional power theory?

The corollary would be stated as: States may not exercise direct authority over persons or property outside the state.

When a transfer is made by a federal court for convenience, what restrictions are imposed on the transfer?

The court can transfer only to a district where the action might have been brought. There must be proper venue and valid personal jurisdiction in the new location. This is true even if the moving party waives objection to venue or to personal jurisdiction.

When is discovery allowed in litigating jurisdiction?

The court may order discovery with respect to factual issues relevant to resolution of a personal jurisdiction objection.Note: Once the issue of jurisdiction is litigated it cannot be raised again under full faith and credit

In determining the jurisdiction under a specific act long arm statute, what must be considered?

The court must consider whether the defendant's activities fall within the specific acts listed in the statute and if the exercise of jurisdiction is constitutional. Note: Most long arm statutes require that claims arise out of the acts listed in the statute.

Under International Shoe Co. v. Washington., how did the court determine that due process was not violated by the minimum contacts theory of in personam jurisdiction?

The court ruled that the nonresident defendant had systematic and continuous contacts with the state of Washington. In addition, the court cited that the amount of the claimed taxes in the state were directly related to the level of activities within the state.

Who makes the motion for a forum non conveniens?

The defendant makes the motion and must show that the plaintiff selected an extremely inconvenient location.

What is the usual method of notice?

The most common method of notice is by service of a summons and complaint on the defendant. The summons and complaint directs the defendant to file an answer to the complaint or suffer a default.

What types of effort are required under notice to identify and locate affected persons?

The plaintiff must take reasonable efforts to identify and locate affected persons.

What is the scope of federal court jurisdiction?

The territorial jurisdiction of a federal court is generally no broader than that of the state in which the court is located.

What is the traditional power theory of territorial jurisdiction?

The traditional power theory gives every state exclusive jurisdiction over persons and property within the state. This decision was stated in Pennoyer v. Neff.

What types of long arm statutes are adopted by states?

There are generally two types: (1) Those that authorize jurisdiction whenever it would not violate the Constitution. (2) Those that authorize jurisdiction based on specific acts.

How many types of territorial jurisdiction are there?

There are three types of basic jurisdiction: 1. In personam jurisdiction. 2. In rem jurisdiction. 3. Quasi in rem jurisdiction.

How many types of quasi in rem jurisdiction are there?

There are two types of quasi in rem jurisdiction; (1) Those disputes related to property under the court's control; and (2) Those disputes made when the court has control over the property but lacks personal jurisdiction over the defendant.

Under contemporary legal analysis for state court jurisdiction, what tests are applied to determine in personam jurisdiction?

There is a two part test: (1) Determine whether the defendant has met the purposeful availment requirement under Hanson; (2) If the defendant has passed the Hanson test, jurisdiction then turns on the reasonableness of holding in personam jurisdiction over the defendant.

How does the court treat foreign defendants with regard to fair play and substantial justice?

There is great confusion on this issue. The court recognizes the unique burdens placed upon one who must defend himself in a foreign legal system. However, no one has been able to determine the exact scope of that position.

Why does purposeful availment require voluntary action and benefit within the forum state to hold in personam jurisdiction over the defendant?

These requirements give the defendant fair warning and a degree of predictability that allows the defendant to structure conduct in such a way that the conduct does not render him liable to suit in a particular forum state.

What was required under International Shoe Co. v. Washington to subject a defendant to a judgment in personam?

This case held that due process requires that the defendant have certain minimum contacts with the forum such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.

What is the doctrine of implied consent under the traditional power theory?

Under the traditional power theory, states can require noncitizens to consent to suit in the state as a condition to conducting activities in the state for activities the state can forbid. Under the implied consent doctrine, a defendant's instate activities are sufficient to justify service for suits related to those activities; the state's ability to forbid the activity is no longer at issue.

What is venue?

Venue is a limitation on the physical location of litigation. Venue is determined by statutes. Federal venue statutes limit the federal districts where a suit may be brought. State venue statutes limit by counties.

Under federal rules, where is venue proper against aliens?

Venue is proper against an alien in any district.

In general, when is venue proper for most federal questions?

Venue is proper where all the defendants reside, where a substantial part of the events occurred, or where a substantial part of the property is located. If the defendants reside in different districts of the same state, the action may be brought in any of the districts. In an action based on diversity of citizenship, venue is proper in any district in which the defendants are subject to personal jurisdiction at the time the action is started, if there is no other district where the action may be brought. If the action is not based on diversity, venue is proper in any district where any defendant may be found if there is no district where the action may be brought.

What is the primary purpose of a venue statute?

Venue statutes protect defendants from plaintiffs who sue in locations that would be burdensome for the defendant to appear and defend.

When does implied consent arise?

When a plaintiff files a suit he has impliedly consented to jurisdiction with regard to counterclaims by the defendant. These counterclaims must be related to the subject matter of the plaintiff's suit.

Does an election by the parties that a certain state's laws govern their activities, have any relevance to the determination of purposeful availment?

Yes. A choice of law provision will support a finding of purposeful availment in that particular jurisdiction.

Is a defendant's act of establishing a long term relationship with the forum state sufficient to meet the correlation test of foreseeability?

Yes. A voluntary act by the defendant that establishes a long term relationship with the forum is sufficient to satisfy the correlation test.

May a defendant consent to jurisdiction in a state?

Yes. Consent may be express, implied, or arise from a general appearance (minority rule).

Is notice essential to a valid judgment?

Yes. Due process requires that reasonable efforts to provide notice must be made.

Will the voluntary act of a defendant that indirectly, through others, serves or seeks to serve customers in a market satisfy the correlation test?

Yes. Even a single voluntary act by the defendant to seek to serve a forum marketplace will meet the correlation test.

Did the states develop exceptions to the traditional power theory?

Yes. Exceptions arose in divorce cases and under the doctrine of implied consent.

Can a person expressly consent to jurisdiction even if he has no contacts with the forum state?

Yes. Express consent may occur before or after a suit begins. It is not dependent on contacts with the forum state.

May jurisdiction be obtained over a nonresident defendant when the defendant has targeted his action or has intended effects in the forum?

Yes. However, this has been held only for intentional torts.

Under modern jurisdictional theory, is in rem jurisdiction still valid?

Yes. However, when the property is completely unrelated to the plaintiff's cause of action the presence of the property alone is not sufficient to support jurisdiction.

Is a person ever immune from process of service?

Yes. If a person is in some state only to participate in a legal proceeding, service of process in that state is prohibited.

Under the minimum contacts theory of in personam jurisdiction, is a single contact within the state sufficient to not violate due process?

Yes. In McGee v International Life Insurance Co., the court held that due process was not violated because the contract in question had a substantial connection with the state's courts.

Is it possible to waive venue?

Yes. In federal court improper venue is waived unless it is raised in a Rule 12 motion. If an objection to venue is made, the court cannot proceed with the case in chief.

If a defendant delivers his products into the stream of commerce with the expectation that they will be purchased by consumers in that forum state, will the correlation test be satisfied?

Yes. This includes retail sellers. The situation with component suppliers is uncertain.

Under the traditional power theory of territorial jurisdiction, is service of process within the state sufficient for jurisdiction?

Yes. This is often called 'transient jurisdiction' because a state may obtain jurisdiction over a defendant even if he was only temporarily physically present in the state.

Is a prejudgment seizure of a defendant's property within a state valid under the traditional power theory even if there was no service of the defendant within the state boundaries?

Yes. This is the second type of quasi in rem jurisdiction under territorial jurisdiction.

Do courts generally assume that jurisdiction is proper if the claims are related to forum contacts that satisfy purposeful availment requirements?

Yes. When the requirements of purposeful availment are met, the jurisdiction is generally referred to as 'specific jurisdiction'.