Personal Jurisdiction

Introduction
 What is SMJ?
 What is personal jurisdiction (PJ)?
 What is the difference b/w SMJ and PJ?

 Point: There are at least two separate

reasons for why a court may not be able to
hear a case: lack of SMJ and lack of PJ.
 BOTH are required.
 Consider them separately.
 Sources of Law for
Personal Jurisdiction
 Sources of law that limit how much PJ a
court can exercise:
 United States Constitution’s Due Process
Clauses (5th Amendment & 14th Amendment)
 Long Arm Provisions (statutes/rules)
 Cases interpreting the DP Clauses & long arm
statutes
 Pennoyer v. Neff – One of the Court’s early efforts to
define the limits on a court’s PJ authority.
 Personal Jurisdiction
Due Process Clause of the Constitution

Long Arm Statutes

Pennoyer Facts
 Two different lawsuits:
 #1 – Dispute over legal fees (state law)
 Mitchell v. Neff
 Where was this lawsuit filed?

 How did Neff respond to this lawsuit?

 What happened in the lawsuit?

 What did Mitchell (P) do with the judgment?

 #2 – Dispute over land (state law)

 Neff (CA) v. Pennoyer (OR)
 Where was this lawsuit filed? SMJ?
 This lawsuit went to the Supreme Ct: Pennoyer v. Neff
 What were Neff’s arguments in support of his claim to evict
Pennoyer from the land?
 Procedure Mitchell used to inform state ct that Neff had
been notified of lawsuit #1 defective. (dismissed by Ct)
 State ct in lawsuit #1 lacked jur over him/land-judgment
invalid.
Types of Personal Jurisdiction
 In personam – p. 149
 Jurisdiction over the person
 Judgments are against the person and his/her
assets (wherever those assets may be).
 In rem – p. 149
 Jurisdiction over property for purposes of
declaring ownership or interests in property with
respect to the world. Subject matter is the
property itself.
 Examples: Probate, Bankruptcy
 Issue in Pennoyer: Did the state court in
lawsuit #1 lack personal jur over Neff and/or
his property?
Understanding Pennoyer: The Pennoyer Court’s
approach to personal jurisdiction (Note 1)
 The 14th Amendment’s DP Clause limits a ct’s authority
to exercise PJ. In what way?
 A state ct can exercise power over people and
property within that state’s borders. Note 1
 A state ct can’t exercise power over people and
property outside of that state’s border. Note 1
 Why are state borders so important for personal
jurisdiction purposes?
Pennoyer Tests (Rules)
 In personam:
 Served personally (why? Notes 3, 5) AND
 Within the state (why?)
 Why is DP lacking if these two requirements aren’t met? Why would
the process be unfair if these requirements aren’t satisfied?
 Why is the court’s discussion of IPJ really dicta?

 In rem:
 Property must be within the state (why?) AND
 “Attachment” must occur before the suit begins. Why?
 Note 2

 Application of these tests to the facts of Pennoyer?

 Why no in personam jur over Neff in lawsuit #1?
 Why no in rem jur over Neff’s property in lawsuit #1?
 Why didn’t Mitchell just attach Neff’s land at the beginning of the
lawsuit?

 Holding?