Civil procedure-shepard Exam with
Complete Solutions
Which state can you sue in - ANS-Territorial Jurisdiction (Personal Jurisdiction)
Which court can you sue in - ANS-Subject matter jurisdiction
Where geographically can you sue? - ANS-Venue
Who is subject to the Ju of a court of general ju in the state where the district court is
located - ANS-In general, serving a summons of filing a waiver of service establishes
personal ju over a defendant:
personal jurisdiction in the local federal court. - ANS-If there's personal ju in your local
state court, then there's automatically also
not personal ju in the federal court - ANS-if there's not personal ju in the local state court
then there's
superior court or the district court - ANS-personal ju rules are the same, regardless if
you file in
1) look at is the state law, and
2) then it must also satisfy the US Constitution - ANS-To get personal ju:
1. Serve the person while they're in the forum (state) creates personal ju
2. Voluntary appearance; consent (Voluntarily show up and start litigating)
3. Status (Things involving the state it happened in)
4. Domicile (Where you live with intent to remain) - ANS-4 Ways to satisfy constitution
Defendant herself
Defendant's property - ANS-2 things a court can have power over to give it PJ
File a motion to dismiss for lack of personal Jurisdiction - ANS-What do you do if you're
being sued in Washington State, but you think that's wrong, they shouldn't be able to do
that because there's no personal jurisdiction?
If you get a judgment in one state, another state has to enforce it (give you a judgment
based on that) - ANS-Full Faith and Credit Clause
,if there was no personal jurisdiction in the first court - ANS-Only exception to Full Faith
and Credit Clause
1. In personam
2. In rem
3. Quasi in rem - ANS-There are 3 types of PJ
court has power over D herself, because D has some connection to the forum:
(1) Present when served
(2) Domiciled there
(3) She has done something there - ANS-In personam
court has power over D's property, not over the D - ANS-In rem
allows you to go to the state of the first court and question the merits of the case, and
say that there's no personal jurisdiction - ANS-Special Appearance
1. Direct attack (special appearance)
2. Collateral attack: when you default and then contest personal ju later - ANS-If there's
a case filed against you, there's 2 ways to contest personal Ju:
Where the defendant assert that theres no pers ju, not in the original forum, but in
another forum, and where the plaintiff tries to enforce the original judgment in another
state - ANS-Collateral attack
No - ANS-If coca cola has a vice president who is in Hawaii and the Vice President is
served with a lawsuit while they're in Hawaii and that the lawsuit is against coca cola, is
there automatically personal Ju over coca cola in Hawaii? Because one of the coca cola
employees has been served there?
Made it easier for individuals to sue corporations where they would more easily win the
lawsuit, and sue people in different states - ANS-What did International Shoe (D) v.
Washington do?
Minimum contacts - ANS-What is the big focus of personal Ju?
whether such contacts of the corporation with the state of the forum as make it
reasonable, in the context of our federal system of government, to require the
corporation to defend the particular suit which is brought there - ANS-Minimum contacts
standard
Yes, Related to the contact- hitting someone in the state - ANS-I have never been to
Alaska before. I go to Alaska and punch someone. The victim sues me in Alaska for
assault and battery. Is this related to or not related to?
, Not related to the contacts, because the contacts are I punched someone in Alaska, the
claim is land fraud in Florida, which has nothing to do with my contact with Alaska. (no
jurisdiction box) - ANS-I go to Alaska and punch someone. It turns out that I had also
defrauded someone in Florida involving some Florida land. The victim of the land fraud
comes to Alaska and sues me in Alaska state court. Related to?
what the plaintiff would be seeking if claims are related to the contacts of the defendant
with the forum - ANS-Specific Jurisdiction
whatever contacts the defendant has for the claim are unrelated to the claim - ANS-
General Jurisdiction
only in the state where its HQ are or where its been incorporated (usually there isn't
general jurisdiction) - ANS-General Jurisdiction for a corporation
1. Convenience and fairness
2. Sovereignty/ Regulation - ANS-Official stated rationales for minimum contacts
analysis:
If a corporation has no contacts with some state, it'd be unfair to force the corporation to
go and litigate a case there - ANS-Convenience and fairness
a. Far off state that doesn't have any relationship with at all, it would be unfair to have
that other state be able to boss around that defendant
b. One state should only be able to exert authority over people who are in that state, or
at least have voluntarily had some contacts with the state -they shouldn't be able to
exert power over people who don't have any contact with that state - ANS-Sovereignty/
Regulation
1. Hometown bias
2. Choice of law - ANS-Unstated Rationales for minimum contacts analysis:
yes, it still creates Ju over the D if they're served in the forum. Personal service survived
the rule - ANS-Does International Shoe change the rule that says the Ju exists over you
in the forum if you're served in the forum?
no, you have to look at level of contacts and more - ANS-If you do something in the
forum that creates liability, does that also create jurisdiction?
no - ANS-Does International Shoe change anything about the rules about how property
in the state affects ju?
A judgment that has nothing to do with property - ANS-What is a judgment in
personam?
Complete Solutions
Which state can you sue in - ANS-Territorial Jurisdiction (Personal Jurisdiction)
Which court can you sue in - ANS-Subject matter jurisdiction
Where geographically can you sue? - ANS-Venue
Who is subject to the Ju of a court of general ju in the state where the district court is
located - ANS-In general, serving a summons of filing a waiver of service establishes
personal ju over a defendant:
personal jurisdiction in the local federal court. - ANS-If there's personal ju in your local
state court, then there's automatically also
not personal ju in the federal court - ANS-if there's not personal ju in the local state court
then there's
superior court or the district court - ANS-personal ju rules are the same, regardless if
you file in
1) look at is the state law, and
2) then it must also satisfy the US Constitution - ANS-To get personal ju:
1. Serve the person while they're in the forum (state) creates personal ju
2. Voluntary appearance; consent (Voluntarily show up and start litigating)
3. Status (Things involving the state it happened in)
4. Domicile (Where you live with intent to remain) - ANS-4 Ways to satisfy constitution
Defendant herself
Defendant's property - ANS-2 things a court can have power over to give it PJ
File a motion to dismiss for lack of personal Jurisdiction - ANS-What do you do if you're
being sued in Washington State, but you think that's wrong, they shouldn't be able to do
that because there's no personal jurisdiction?
If you get a judgment in one state, another state has to enforce it (give you a judgment
based on that) - ANS-Full Faith and Credit Clause
,if there was no personal jurisdiction in the first court - ANS-Only exception to Full Faith
and Credit Clause
1. In personam
2. In rem
3. Quasi in rem - ANS-There are 3 types of PJ
court has power over D herself, because D has some connection to the forum:
(1) Present when served
(2) Domiciled there
(3) She has done something there - ANS-In personam
court has power over D's property, not over the D - ANS-In rem
allows you to go to the state of the first court and question the merits of the case, and
say that there's no personal jurisdiction - ANS-Special Appearance
1. Direct attack (special appearance)
2. Collateral attack: when you default and then contest personal ju later - ANS-If there's
a case filed against you, there's 2 ways to contest personal Ju:
Where the defendant assert that theres no pers ju, not in the original forum, but in
another forum, and where the plaintiff tries to enforce the original judgment in another
state - ANS-Collateral attack
No - ANS-If coca cola has a vice president who is in Hawaii and the Vice President is
served with a lawsuit while they're in Hawaii and that the lawsuit is against coca cola, is
there automatically personal Ju over coca cola in Hawaii? Because one of the coca cola
employees has been served there?
Made it easier for individuals to sue corporations where they would more easily win the
lawsuit, and sue people in different states - ANS-What did International Shoe (D) v.
Washington do?
Minimum contacts - ANS-What is the big focus of personal Ju?
whether such contacts of the corporation with the state of the forum as make it
reasonable, in the context of our federal system of government, to require the
corporation to defend the particular suit which is brought there - ANS-Minimum contacts
standard
Yes, Related to the contact- hitting someone in the state - ANS-I have never been to
Alaska before. I go to Alaska and punch someone. The victim sues me in Alaska for
assault and battery. Is this related to or not related to?
, Not related to the contacts, because the contacts are I punched someone in Alaska, the
claim is land fraud in Florida, which has nothing to do with my contact with Alaska. (no
jurisdiction box) - ANS-I go to Alaska and punch someone. It turns out that I had also
defrauded someone in Florida involving some Florida land. The victim of the land fraud
comes to Alaska and sues me in Alaska state court. Related to?
what the plaintiff would be seeking if claims are related to the contacts of the defendant
with the forum - ANS-Specific Jurisdiction
whatever contacts the defendant has for the claim are unrelated to the claim - ANS-
General Jurisdiction
only in the state where its HQ are or where its been incorporated (usually there isn't
general jurisdiction) - ANS-General Jurisdiction for a corporation
1. Convenience and fairness
2. Sovereignty/ Regulation - ANS-Official stated rationales for minimum contacts
analysis:
If a corporation has no contacts with some state, it'd be unfair to force the corporation to
go and litigate a case there - ANS-Convenience and fairness
a. Far off state that doesn't have any relationship with at all, it would be unfair to have
that other state be able to boss around that defendant
b. One state should only be able to exert authority over people who are in that state, or
at least have voluntarily had some contacts with the state -they shouldn't be able to
exert power over people who don't have any contact with that state - ANS-Sovereignty/
Regulation
1. Hometown bias
2. Choice of law - ANS-Unstated Rationales for minimum contacts analysis:
yes, it still creates Ju over the D if they're served in the forum. Personal service survived
the rule - ANS-Does International Shoe change the rule that says the Ju exists over you
in the forum if you're served in the forum?
no, you have to look at level of contacts and more - ANS-If you do something in the
forum that creates liability, does that also create jurisdiction?
no - ANS-Does International Shoe change anything about the rules about how property
in the state affects ju?
A judgment that has nothing to do with property - ANS-What is a judgment in
personam?
