Civ Pro, Outline, Professor Glen Staszewski, Fall 2012
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CIVIL PROCEDURE OUTLINE
CIVIL PROCEDURE- Course about where lawsuits can be brought (personal AND subject matter jurisdiction must be satisfied)
and how litigation is conducted)
• Federal Courts- limited jurisdiction
• State Courts- general jurisdiction
PERSONAL JURISDICTION- determines where courts can enter an enforceable judgment against the D; is a geographic
limitation on the places where P may choose to sue D for particular claim determines which courts can enter enforceable
judgment against D (focus on which states) & how D can challenge it; if personal jurisdiction is not raised, it is waived
• OVERVIEW
o Constitutional requirement- personal jurisdiction is a constitutional requirement for both state and
federal courts. A judgment rendered against a person over whom the court has no personal jurisdiction
violates that person’s right to due process
o Common law statutes for personal jurisdiction:
▪ Long-arm statutes-
• Long arm statutes usually constitution when there are min contacts and service
• Ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out-of-
state) defendants, whether on a statutory basis or through a court’s inherent
jurisdiction (depending on the jurisdiction).
• This jurisdiction permits a court to hear a case against a defendant and enter a
binding judgment against a defendant residing outside the jurisdiction concerned.
• Generally, the authority of a court to exercise long-arm jurisdiction must be based
upon some action of the defendant, which subjects him or her to the jurisdiction of
the court
▪ Venue statutes- a civil action can be brought:
• A judicial district in which any defendant resides, if all defendants are residents of
the state in which the district is located
• A judicial district in which a substantial part of the events or omission giving rise to
the claim occurred, or a substantial part of property that is the subject of the action
is situated
• If there is no district in which an action may otherwise be brought, any judicial
district in which any defendant is subject to the courts personal jurisdiction with
respect to such action
▪ Transfer statutes- Can change venue for convenience of the parties and witnesses to any
other district where it might have been brought or where all parties have consented
▪ Forum non-convenience (Judicial doctrine)- courts will occasionally dismiss case pursuant
to this so that it can be brought in another forum (usually not used)
o Two categories of personal jurisdiction:
▪ In personam (jurisdiction over person)- needs to be provided with personal service of process
within state
▪ In rem (jurisdiction over property)- property has to be within state and property has to be
attached at outset of cases
• Differences between in personam and in rem:
o In personam jurisdiction is obtained by serving defendant personally with
process. In rem is obtained by seizing property.
o POWER THEORY OF JURISDICTION- states have jurisdiction over people and property within their borders
▪ Forms of Jurisdiction (in personam, in rem, consent, domiciled in state)
• In personam
o Service of process- proper service of process is also necessary before a
court may exercise personal jurisdiction over a defendant. Any judgment
rendered without reasonable notice violates defendant’s due process
rights and therefore is invalid
▪ Rule 4- Can Serve Someone by:
• Following the state law
