Exam (elaborations)
PERSONAL JURISDICTION QUESTIONS AND ANSWERS
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PERSONAL JURISDICTION QUESTIONS AND ANSWERS
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PERSONAL JURISDICTION QUESTIONS ANDANSWERS
Why do litigants care where they sue? - Answers-Choice of Lawyer
Location of Witnesses
Location of Documents
Judges/Jury Reported Biases
WHAT LAW APPLIES
The suit is filed in Oregon state court with Neff personally served in California. Is there
jurisdiction? - Answers-No. Because they must be within the border of the state of
Oregon
Mitchel finds out Neff was vacationing in AZ, so he files suit in AZ state court and has
Neff served with process in AZ. Is there jurisdiction? - Answers-Yes. Mitchell just wants
his money. Since Neff was personally served with process in the state in which the suit
is filed, it is OK.
*Transient Presence
Public law principle - the state has jurisdiction over anybody within their boundaries
Oregon sheriff goes to CA and knocks Neff over the head, drags him back to Oregon,
where Neff is served with process. Is there jurisdiction? - Answers-Yes. Neff is a person
within Oregon's boundary. Does not say how the person got there.
Many states would not choose to view this as jurisdiction, but it is technically not a
Constitutional problem.
Mitchell attaches Neff's land in Oregon, judgment against Neff. Seek to have land sold
to satisfy judgment. Neff argues for no jurisdiction because no personal service. Is there
jurisdiction? - Answers-Yes. Mitchell is attaching the land at the beginning of suit.
Do not need to have personal service for in rem or quasi in rem jurisdiction
Mitchell doesn't attach land, serves Neff by publication in CA, gets a default judgment
and then seeks to enforce it in CA. Is there jurisdiction? - Answers-No. Mitchell did not
personally serve Neff.
This is roughly Pennoyer v. Neff
Mrs. Mitchell sues Mr. Mitchell for divorce in Kansas. Serves him in Oregon. Jurisdiction
in Kansas? - Answers-Yes. Weirdly, status exception. Full Faith and Credit Clause.
Pennoyer implies that courts have jurisdiction over the status of their citizens.
, Ex. Marriage or Divorce
Suppose that before heading into MA, Hess had sent a letter to the DMV that he did not
consent to the DMV or anyone else being his agent. Could Hess still be sued in MA
without personal service to him in state? - Answers-
Is the theory of the MA statute that by driving into the state, a driver consents to the
appointment of the DMV as their agent for service of process? - Answers-
Although the Privileges and Immunities Clause clearly precludes a state from denying
entry to citizens of other states, do Hess and Kane allow a state to deny entry to people
who are in cars? - Answers-
An International Shoe delivery truck carrying shoes from Missouri to Washington drives
through Colorado, where it hits a Colorado pedestrian.
Can the pedestrian sue International Shoe in Colorado? Would it matter if the truck
driver had not planned to go through Colorado but got lost and ended up there? -
Answers-Yes, specific jurisdiction. Claim arises out of the contact that occurred within
the state.
Doesn't matter (Pennoyer)
An International Shoe delivery truck carrying shoes from Missouri to Washington drives
through Colorado, where it hits a Colorado pedestrian.
An International Shoe delivery truck carrying shoes from Missouri to Washington drives
through Colorado, where it hits a Colorado pedestrian.
Could P sue International Shoe in Missouri, where D's headquarters were located? -
Answers-Yes. General Jurisdiction. Even though accident happened in Colorado, there
is PJ in MI.
Could P sue International Shoe in Washington? - Answers-No. Could only be general
jurisdiction if there is systemic and continuous contacts.
International Shoe's HQ were located in St. Louis, very close to Illinois. P had a vacation
home in Illinois and hence thinks it would be very convenient to litigate in Illinois.
Can P sue International Shoe in Illinois? - Answers-No. Not about proximity or
convenience for plaintiff. State lines matter!!
Suppose International Shoe operates retail shoe outlets in Washington. A customer
buys a pair of shoes there, but the shoes are defective.
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