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TRANSCRIPT
D
P
Map
Power Theory(Hostile Nations)
P
D• It’s just before the war of 1812.• Canadian P wants to sue US D in
Canadian Courts.• How can P force D to defend in
Canada?
Canada 1
P
D• Arrest D in Canada• Seize D’s property in Canada• Convince D to consent• If D is Canadian citizen, revoke his
passport.
Canada 1
Canada 2
• US citizen (D) wants to do business in Canada (Countries still hostile)
• How can Canada be sure that its citizens (P’s) will be able to sue D in Canadian Courts if disputes occur.
Canada 1
P
D
P
D
• Require D to give a hostage.
• Require D to post a bond.
Canada 1
Pennoyer v. Neff
Lawsuit 1: Mitchell v. Neff
• P:
• D:
• Ct:
• Suit:
• Service:
Oregon Resident
California Resident
Address Unknown
Unidentified Oregon Property
Oregon State Court
Legal Services ($253)
Publication
(No seizure of property)
What Happens Then?
• D (Neff) buys land in Oregon
• P (Mitchell) executes against that land
• Sheriff’s sale held
• P (Mitchell) buys land at sale ($341)
• P (Mitchell) transfers land to Pennoyer
Lawsuit 2: Neff v. Pennoyer
• P:
• D:
• Ct:
• Suit:
• Issue:
California Resident (Neff)
Oregon Resident (Pennoyer)
Purchaser from Mitchell
Federal Court in Oregon
To recover land / quiet title
Is judgment in Suit #1 valid?
Did Ct in Suit #1 have PJ?
Lawsuit 1: Mitchell v. Neff
• P:
• D:
• Ct:
• Suit:
• Service:
Oregon Resident
California Resident
Address Unknown
Unidentified Oregon Property
Oregon State Court
Legal Services ($253)
Publication
(No seizure of property)
Summary Outline
4 Requirements for Forcing D to Defend in the Forum
Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum
Non-Conveniens)
5 Keys to Courthouse Door
Transient Jurisdiction
Domicile Jurisdiction
Consent Jurisdiction
Long-Arm Jurisdiction
General Jurisdiction
Transient Jurisdiction
• Basic Concept: If D can be served in the forum, D can be sued in the forum
• Exceptions:
–Fraudulent Inducement
–Presence for Litigation (Limited)
• Note: This is the only type of PJ that requires that D be served in the forum state
Domicile Jurisdiction
• Basic Concept: If D is domiciled in the forum state, D can be sued in the forum state.
• What is D’s “domicile”?
–Corporations: State of Incorporation
–Natural Persons: We’ll discuss later.
Consent Jurisdiction
• Basic Concept: If you agree to be sued in the forum state, you can be sued in the forum state
• Types of Consent Jurisdiction
–Consent in the litigation
–Advance Contractual Consent
–Advance “Coerced Consent”
–“Implied Consent”
Long Arm (Contact Based Specific) PJ
• Basic Concept: –If
• D has sufficiently significant contacts with forum state, &
• Forum is reasonable–Then D can be sued in the forum
state–But only for causes of action that
arise out of those contacts
General (Contact Based General) PJ
• Basic Concept: –If D’s contacts with the state are
• Systematic & • Continuous
–Then D can be sued in the forum state• For any c/a • Even ones that do not arise out of those contacts
Harris v. Balk
HarrisNC Owes $180
BalkNC
EpsteinMD
Ow
es $
300
Sues(in
MD)
Attaches(in
MD)Pays $180
Sues for $180
Reasonableness Theory
(Single Nation)
Reasonableness Map
What factors would be considered by a wise Czar of a single nation (divided into administrative
subdivisions) deciding where a P can force a D to defend?
International Shoe
Defendant’s Contacts
• Delaware -- Incorporated• Missouri
–PPB–Orders accepted or rejected
• Washington–No place of business–No contracts made there -???–11 to 13 salespersons–Shoes shipped into state
International Shoe’s Basic Rule(Both Less & More Important Than It Looks)
• D may be sued in forum state if –D has contacts with forum
state–Those contacts are significant
enough that • Subjecting D to forum’s jurisdiction does not offend traditional notions of fair play and substantial justice
Grocery Hypo Under International Shoe
Hanson
Hanson’s Two Warnings About the Limits of Reasonableness
• Unilateral activities of third parties or the P will not be enough.
• D must have purposefully availed itself of the forum state (I.e., D must be responsible for the contacts with the forum state)
Grocery Hypo Under Hanson