Term
| What is Territorial Jurisdiction? |
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Definition
- Jurisdiction over things
- Does the state through any of its courts have the power to compel the defendant to appear or attach his property on pain of a valid default judgment.
- Historically, TJ was based on the court's de facto power over the ∆’s person
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Term
| Distinguish Territorial Jurisdiction from Subject Matter Jurisdiction. |
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Definition
- In the state system,
- TJ determines whether any court in the state can hear the case.
- SMJ determines which is the proper state court.
- In the federal courts,
- SMJ determines whether any federal court can hear the case;
- TJ determines which state's federal court is proper.
- Another crucial distinction: TJ CAN be waived; SMJ cannot.
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Term
| What are the types of basis that determine the type of jurisdiction the court can exercise? |
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Definition
- Personal Jurisdiction; or
- Property-based Jurisdiction.
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Term
| Territorial jurisdiction requires a jurisdictional basis, and constitutionally adequate notice to the D. What are those things? |
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Definition
Basis:
- A connection or relationship between the defendant and the state.
Notice
- Legal notification required by law
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Term
| What are the 2 constitutional clauses that are relevant to territorial jurisdiction? |
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Definition
- The Due Process Clause - requires an adequate jurisd basis and adequate notice.
- A judgement rendered without jurisd is not entitled to full faith & credit in other states.
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Term
| Like SMJ, TJ can furnish a basis for collateral attack. What is that? |
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Definition
| An attack on the judgement in a separate proceeding, often in another state. |
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Term
| What was the practical test under the due process clause? |
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Definition
The "doing business test"
- Was the D carrying on activity of a systematic and continuous nature?
International Shoe v. Washington (1945) liberalized that test. |
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Term
| International Shoe v. Washington. What is the rule from that case? |
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Definition
| ∆ must have certain minimum contacts with the state so that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. |
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Term
| Several post-Shoe cases have spelled out the limits of "minimum contacts." What is the significance of International Life Insurance v. Mcgee? |
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Definition
- McGee represents the least contact with the forum state that has been approved by the Supreme Court as the basis for personal jurisdiction.
- This case demonstrated that minimum contacts can be minimal indeed (there, 1) - so long as they are sufficiently related to the lawsuit.
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Term
| Likewise, what is the significance of Hanson v. Denckla? |
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Definition
- The Court announced a formula that has proved nearly as crucial as the Shoe test: The Purposeful Availment Test
- There must be some act by which the D purposefully avails itself of the privilege of conducting activities w/in the F state, thus invoking the benefits and protections of its laws.
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