CONCEPTUAL FRAMEWORK Choosing a Trial Court Federal or

CONCEPTUAL FRAMEWORK Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction + Personal Jurisdiction + Venue Transfer Forum non conveniens

CONCEPTUAL FRAMEWORK PJ & Process Personal Jurisdiction Power Process Constitutional Limits State Authorization

CONCEPTUAL FRAMEWORK PJ & Process Constitutional Limits of State Authorization

PJ: THE BIG PICTURE Functions of Process n Assert court’s power (state sovereignty) n n Notice to defendant n n over defendant (or property) defend against lawsuit Mark beginning of lawsuit n n Trigger s/l Determine parties bound by lawsuit

PJ: THE BIG PICTURE Valid Judgments & Collateral Attack n n Hypothetical Christine & Bob lived in Idaho C moved to WA, filed dissolution Service by publication Default judgment against Bob n n division of property judgment against B for $

PJ: THE BIG PICTURE Valid Judgments & Collateral Attack Hypothetical (cont. ) n Can Bob challenge the decree? n n Decree entitled to FF&C, if valid Not valid if: n n Service of Process violates Contst. 14 th Amend. D. P.

SKILLS: READING CASES Mullane v. Central Hanover, p. 175 n Basic Case Reading n Questions

RULE CHOICE Conceptual Framework Mullane v. Central Hanover B&T Co. Note 1, p. 183 n Why did drafters of N. Y. Banking Law think published notice constitutionally adequate? n n Date of Mullane? How fit into Pennoyer-Shoe conceptual framework?

SKILLS: READING CASES Historical Background n Pennoyer Framework for Process n In personam n n In rem n n in-state personal service alternative service, e. g. publication Evolution n n Consent & Domicile Milliken, p. 103

SKILLS: READING CASES Rule Choice & Legally Significant Facts n Different categories of defendants? n i. e. beneficiaries

SKILLS: READING CASES Rule Choice & Legally Significant Facts n What notice required for n n n Known beneficiaries with known residence? Known beneficiaries with unknown residence? Future or contingent beneficiaries?

SKILLS: READING CASES Rule Choice & Legally Significant Facts n Why different forms of notice? n n Better notice Less costly notice

SKILLS: READING CASES Mullane v. Central Hanover, p. 175 n Rule Choice Possibilities n n actually reach defendant most likely to reach defendant reasonably likely to reach defendant might reach defendant

SKILLS: ARGUING FROM PRECEDENT n Meaning of Mullane n Different result for known defendants if n n No regular mailings to beneficiaries? Does court require actual notice?

SKILLS: ARGUING FROM PRECEDENT n Hypothetical Ms. Jones says n n n "I didn't get notice” and “I object to settlement of account” Would court vacate judgment in Mullane?

BLACK LETTER LAW Due Process Notice Requirement n Mullane Test (Memorize it!) n n notice reasonably calculated under all circumstances to apprise parties of action, and opportunity to present objection

SKILLS: ARGUING FROM PRECEDENT Hypotheticals n n Mitchell v. Neff Mitchell’s Affidavits n Service by mail - last known address n n Inquiries n n returned rumor in hiding Valid service?

SKILLS: ARGUING FROM PRECEDENT Hypotheticals n Neff’s affidavits n n n Left forwarding address Friends deny Mitchell inquired Not hiding n n Visiting friends in SF How does court resolve?

THE BIG PICTURE Why do we care about notice? n Notice and Class Representatives n n Why bother sending notice? What would you do with it? What would Ralph Nader do with it? Deterrent effect?

CONCEPTUAL FRAMEWORK PJ & Process Personal Jurisdiction Power Process Constitutional Limits + State Authorization

SERVICE OF PROCESS n Problem Set n n n Comments Questions Organizing the information n Who, What, Where, When

SERVICE OF PROCESS n Hypothetical Plaintiff serves Steve n n leaves copy with girlfriend Linda at her house He spends less than ½ time there She gives him the summons & complaint

TAKEAWAYS n Black letter law n n “reasonably calculated” to give notice collateral attack n n only if constitutionally invalid Skills: Arguing from Precedent n n broad & narrow case holdings rules & standards