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Choosing the proper court to file a civil lawsuit is the first critical step in civil litgation.  You must first learn "the where" to file and then learn " the how" to file once you find the right court.  We will move into the "how" process next week, but for the next two weeks, we will learn about jurisdiction and venue- these concepts must be understood to know how to choose the proper court.  Our textbook author describes this as the 3 hoops of jurisdiction. (see page 64)

Your assigned reading this week (Chapters 1 and 2) covers the two hoops of the jurisdictional concept in choosing a proper court- Subject Matter and Personal Jurisdiction.  Personal jurisdiction can be based on domicile, consent, physical presence, or by minimum contacts with the forum state.

While the Fourteenth Amendment due process clause defines the boundaries of jurisdictional power, state courts must specifically enact laws to exercise jurisdiction over a person or corporation, usually referred to as a "long arm statutes."  (see page 41)

 

 

Part I - Long Arm Statutes

 

 

 

Please read this article regarding a long-arm statute case coming out of New York.  http://www.dorsey.com/files/upload/EU_Bloomberg_6111.pdf Do some extra research on the case on your own.  Do you agree with the outcome of this case? Why or why not?  Find another case involving a long-arm statute and describe it for the class, giving your opinion on the outcome.
 

Part II- Personal Jurisdiction Case Scenarios

 

 

The foundational case on personal jurisdiction is International Shoe v Washington, 326 US 310 (1945).  As technology and business changes, the issue of how courts get personal jurisdiction over parties becomes more and more complex.  Please read this article and share your thoughts with the class: http://verdict.justia.com/2013/12/09/walden-v-fiore-supreme-court-turns-personal-jurisdiction-issues