JURISDICTION IN CIVIL CHAPTER 1 FUNDAMENTAL CONCEPTS AND TERMINOLOGY ¢§ 1.01 Jurisdiction [1] Jurisdiction

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  • JURISDICTION IN CIVIL ACTIONS

    Territorial Basis and Process Limitations on Jurisdiction o f State and Federal Courts Fourth Edition

    Volume One ROBERT C. CASÄD John H. and John M. Kane Professor of Law Emeritus The University of Kansas Member of Kansas and Minnesota Bars

    WILLIAM M. RICHMAN Distinguished University Professor Emeritus University of Toledo College of Law

    STANLEY E. COX Professor of Law Emeritus New England Law I Boston

    fP ‘ LexisNexis-

  • Volume 1 Table of A COMPLETE SYNOPSIS FOR EACH CHAPTER APPEARS AT THE BEGINNING OF THE CHAPTER VOLUME 1

    CHAPTER 1 FUNDAMENTAL CONCEPTS AND TERMINOLOGY

    § 1.01 Jurisdiction [1] Jurisdiction of the Subject Matter [2] Jurisdiction of the Person

    [a] Basis [b] Process

    [3] Jurisdiction over Property § 1.02 Alternatives to the Traditional Terminology

    [ 1 ] General, Specific, and Limited Jurisdiction [2] Territorial Jurisdiction

    § 1.03 Jurisdiction and Venue Distinguished [ 1 ] Transitory Actions

    [a] State Courts [bj Federal Courts

    [2] Local Actions [3] Effect of Improper Venue

    §1-04 Forum Non Conveniens § 1 05 Fraud, Force, or Artifice in the Invocation of Jurisdiction § 1 -06 Immunity from Jurisdiction § 1 -07 Prorogation Agreements: Forum Clauses § 1 08 Continuing Jurisdiction

    CHAPTER 2 CONSTITUTIONAL LIMITATIONS ON THE _________________ EXERCISE OF STATE COURT JURISDICTION

    § 2.01 History of the Constitutional Limitations on State-Court Jurisdiction— Full Faith and Credit

    11 ] History and Purpose [2] Prohibiting Relitigation in Sister States [3] Significance of Jurisdiction

    § 2.02 More History: The Due Process Clause and the Bases of State-Court Jurisdiction

    [ 11 Pennoyer v. N eff [a] The Court’s Analysis of In Personam Jurisdiction

    [i] The Traditional Bases [ii] Full Faith and Credit and Due Process Standards

    xiii

  • Volume 1 Table o f Contents [b] The Court’s Analysis of In Rem and Quasi In Rem

    Jurisdiction [i] Service by Publication and Prior Attachment [ii] Significance of Attachment

    [2] The Territorial Power Principle [a] Historical Origins [b] Practice Under the Theory: The Traditional Bases

    [i] The Bases [ii ] Necessary and Sufficient for Jurisdiction

    [3] Modifications of the Power Principle [a] Quasi In Rem: Tangible and Intangible Property [b] Jurisdiction for Divorce Actions: Marital Status as a Res [c] Jurisdiction Over Corporations: Actions In Personam

    [i] Domestic Corporations [ii] Personal Service on Agents and Officers [iii] Foreign Corporations: “Doing Business,” Implied

    Consent, and Presence Ld] Jurisdiction Over Nonresidents Doing Business [e] The Implied Consent of Nonresident Motorists

    [4] The Decline of the Power Principle § 2.03 The Development of Modern Jurisdictional Theory:

    Minimum Contacts . . . Fair Play and Substantial Justice 111 International Shoe v. Washington

    [a] Facts and Holding [b] Unresolved Ambiguities

    [2] McGee v. International Life Insurance Co. [31 Hanson v. Denckla [4] Shaffer v. Heitner [5] Kulko v. Superior Court [6] World-Wide Volkswagen Corp. v. Woodson [7] Insurance Corp. o f Ireland, Ltd. v. Compagnie des

    Bauxites de Guinee [8] Keeton v. Hustler Magazine, Inc. [9] Calder v. Jones [10] Helicopteros Nacionales de Colombia v. Hall [11] Burger King v. Rudzewicz [12] Asahi Metal Industry Co., Ltd. v. Superior Court [13] Burnham v. Superior Court [14] J. McIntyre Machinery, Ltd. v. Nicastro [15] Goodyear Dunlop Tires Operations, S.A. v. Brown [16] Daimler AG v. Bauman

    § 2.04 Modern Jurisdictional Theory and the Traditional Bases

    xiv

  • Volume 1 Table o f Contents [ 1 ] Personal Service While Present Within the State

    [a] History [b] Burnham v. Superior Court

    [i] Justice Scalia and Historical Pedigree [ii] Justice Brennan and Contemporary Notions of Due

    Process [iii] Justice White [iv] Justice Stevens [v] Implications

    [2] Domicile—Residence— Citizenship [3] Incorporation in the Forum [4] Appearance and Consent

    [a] Contractual Consent [b] Plaintiffs’ Consent

    § 2.05 Personal Jurisdiction From the Present Perspective [1] Constitutional Source [2] The Elements of the Test

    [a] Contacts, Purposefulness, and Fairness [b] General/Specific Jurisdiction Distinction

    [3] General Jurisdiction [a] Contacts [b] Purposefulness [c] Fairness

    [4] Specific Jurisdiction [a] Contacts

    [ij Whose Contacts? [ii] Quantity [iii] The Meaning of “Minimum.”

    [b] Purposefulness [i] A Separate Requirement [ii] Physical Entry [iii] Foreseeability v. Purposeful Availment [iv] Purposeful Availment and Initiation— Who Went to

    Whom? [v] Purposeful Availment and the Stream of Commerce

    [c] Cause of Action Must Arise Out of Defendant’s Forum Contacts

    [d] Fairness [i] Fairness Required [ii] Defendants Burden of Proof [iii] The Fairness Factors

    xv

  • Volume 1 Table o f Contents fiv] The Burden on the Defendant M The Forum State’s Interest in Adjudicating the Dispute [vi] Plaintiff’s Interest in Obtaining Convenient and

    Effective Relief [vii] The Interstate Judicial System’s Interest in Obtaining

    the Most Efficient Resolution of Controversies [viii] The Shared Interest of the Several States in Furthering

    Substantive Social Policies [5] Summary

    [6] International Treaties [7] A New Challenge to Jurisdictional Theory: Minimum

    Contacts in Cyberspace [a] Introduction to Cybertalk [b] Jurisdiction and the Internet

    [i] Easy Cases [ii] The Hard Case

    § 2.06 Jurisdiction Over Property [11 Traditional Jurisdictional Classification

    [a] Personal Jurisdiction Distinguished [b] Types of In Rem Jurisdiction

    [2] Constitutional Limitations on Property-Based Jurisdiction [a] History

    [i] Pennoyer v. N eff [ii] Harris v. Balk—Intangibles

    [b] The In Rem Revolution: Shaffer v. Heitner [3] Property-Based Jurisdiction From the Current Perspective

    [a] In Rem and Quasi-In-Rem Type I Jurisdiction [b] Attachment Jurisdiction

    [i] A Close Relation Between the Claim and the Property [ii] Minimum Contacts [iii] Attachment to Enforce [iv] Attachment as Security [v] Land [vi] No Other Forum

    § 2.07 The Process That Is Due: Notice and Opportunity to Defend [1] Notice and Basis [2] An Adequate Officially Prescribed Procedure

    [a] Relation to Actual Notice [b] Deviations From Prescribed Procedure [c] Timing of Notice

    [3] The Standard for Adequate Methods for Giving

    xvi

  • Volume 1 Table o f Contents Notice—Mullane v. Central Hanover Bank & Trust Co.

    [a] The Mullane Decision [b] The Extension of the Mullane Rule— Universal

    Application [c] The Standard Applied: Constitutionally Adequate

    Methods [4] Provisional Remedies and Prior Notice

    [aj Sniadach v. Family Finance Corp. [b] Pre-Seizure Hearing and Attachment Jurisdiction

    § 2.08 Jurisdiction and Choice of Law [1] Co-extensive Limits?

    [a] The First Hypothesis [b] The Second Hypothesis

    CHAPTER 3 STATUTORY REQUIREMENTS FOR THE EXERCISE OF JURISDICTION: TRADITIONAL

    _________________ JURISDICTIONAL BASES_________________________

    § 3.01 In Personam Actions Against Individuals and Corporations [ 1 ] Personal Service [2] Service on an Agent or Attorney of Individual or

    Corporation [a] Agent Authorized by Law [b] Agent Authorized by Appointment

    [3] Substituted or Constructive Service at Residence or Abode [a] Identification of Residence or Abode [b] Physical Dimensions [c] Acceptable Recipients of Service [d] Procedural Deviations and Actual Notice

    [4] Constructive Service [a] Publication [b] Service by Mail [c] Absentee Process [dj Posting

    [5] Jurisdiction Predicated on Defendant’s Submission [a] General Appearance

    [i] Special Appearance [ii] Appearance After Default Judgment [iii] Appearance by Formal Document [iv] Estoppel

    [b] Waiver of Jurisdictional Defects: FRCP Rule 12 [i] Waiver of Defenses: FRCP Rules 12(g) and 12(h)

    xvii

  • Volume 1 Table o f Contents [ii] Relationship of Defenses: FRCP Rules 12(b)(2),

    12(b)(4), and 12(b)(5) [iii] Pre-Pleading Motions [iv] Challenging Jurisdiction in the Answer [v] Amendments to Plaintiff’s Complaint [vi] Unauthorized Attorney Purportedly Representing

    Defendant [vii] Counterclaims, Cross-Claims, or Third-Party Claims

    [cj Express Agreements Submitting to Jurisdiction

    [i] Ongoing Actions [ii] Actual Consent by Implication [iii] Express Consent as a Contract Term [iv] Prorogation Agreements [v] Cognovit Notes

    [6] Formal Defects of Process [a] Designation of Court and Time [b] Name of Defendant

    [i] Fictitious Name [ii] Misnomer [iii] Wrong Party Named and Served

    [7] Proof of Service [a] The Verity Rule [b] Amendment of the Return [c] Absence of Proof of Service [d] “Sewer Service”

    [8] Time Limitations on Service § 3.02 In Personam Actions Against Private Corporations

    [ 1 ] Domestic Corporations [2] Foreign Corporations

    [a] Qualifying Corporations [i] Claims Arising Outside Forum State [ii] Due Process

    [b] Non-Qualifying Corporations [i ] Presence and Implied Consent [ii] Parameters of “Doing Business” [iii] Solicitation [iv] Continuity of Operations [v] Independent Agents [vi] Franchisees or Distributors [vii] Automobile and Aircraft Manufacturers [viii] Publishers

    xviii

  • Volume 1 Table o f Contents [ix] Parent and Subsidiary C