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Jurisdiction Over the Person

This exercise was substantially revised in 2012 and is designed for a student who has already read most of the material on personal jurisdiction in a typical first year civil procedure course. The topics covered include: the "minimum contacts" test as a measure of the due process clause of the 14th Amendment, the interpretation and application of typical longarm statutes, the interplay of statutory interpretation with the constitutional requirements, the difference between "specific" and "general" jurisdiction, the extent to which a defendant may contractually waive jurisdiction protections, an exploration of the different ways in which the jurisdictional rules apply depending on whether the defendant is an individual or a corporation, and the continued viability of the concept of "transient" jurisdiction.

The above topics are explored through a series of hypotheticals, beginning with an extended variation on the facts of International Shoe. The two predominant jurisdictional statutes used in the exercise are the Uniform Interstate and International Procedure Act and the Rhode Island (California) statute which extends jurisdiction to the limits of the Due Process Clause. At appropriate points in the exercise students are able to refer back to the introductory fact situations, the Uniform Act, a list of important citations and previous related questions. The exercise is divided into three parts, so that one part can be conveniently done at a sitting.

Lesson Completion Time

1.5 hours
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Lesson Authors

Lesson ID

CIV19