Civil Procedure
Spring 2009
Prof. Joan Steinman

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Syllabus

Syllabus
Personal Jurisdiction
Subject Matter Jurisdiction
Choosing the Law to be Applied
Pleadings
Pretrial Discovery
arrow Summary Judgment
Preclusive Effects
   
Personal Jurisdiction

I. Personal Jurisdiction: Over whom or what may a state court exercise its authority? (pp.690-859, with minor omissions)

A. The necessary relationship between the defendant and the state.

1. Historical focus on the power of the forum state to enforce its judgment (pp. 690-710)

2. Current focus on the defendant's chosen affiliation with the forum state

a. The basics of the constitutional requirement (pp. 710-23)

b. The states' attempts to take advantage of the new jurisdiction (pp. 723- 27)

c. Personal jurisdiction in federal court (pp. 727-29)

3. Permutations

a. When may states assert personal jurisdiction over defendants never physically present in the forum state?

1' Products of the defendant and "the stream of commerce" (Gray reprise; pp. 729-45 and 765(bottom: Asahi)-76 (top))

2' Intentional causation of impact in the forum (pp. 745-52)

3' Intentional affiliation with a forum actor (pp. 752-65)

4' Use of cyberspace (pp.776-90)

4. Current doctrine

a. Effect of defendant's property in the forum, attached at the commencement of the law suit (quasi in rem and in rem jurisdiction)

1' Historical reprise (Harris at 703; Seider at 699-700, swing para.)

2' Current requirements (pp. 791-806)
Choice of law (pp.806-09) (not for class discussion)

b. Effect of service of process while defendant is physically present in the forum state (pp. 809-21)

c. Effect of "residence" (herein of "general jurisdiction") (pp. 821-29)

d. Effect of jurisdictional choices by parties

1' Forum selection clauses (pp.834-35)

2' "Consent" as a result of litigation activity (pp. 829-834; Rule 12(b),(g),(h), FRCP)

3' Hess reprise (p. 706-08)

B. Affording the defendant reasonable notice and opportunity to be heard (pp. 835-40)

C. Final notes on locating the litigation

1. Venue (28 U.S.C. § 1391-92; pp. 840-47; we probably will not take class time on Bates)

2. Technically correct but inconvenient locations [Transfer and forum non conveniens] (28 U.S.C. §§ 1404, 1406; pp. 847-59)







 

 

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Last Updated: January 9, 2009