CONCEPTUAL FRAMEWORK Choosing a Trial Court

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CONCEPTUAL FRAMEWORK Choosing a Trial Court


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CONCEPTUAL FRAMEWORKPJ Process
Personal Jurisdiction
Power
Process
Constitutional Limits
State Authorization
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CONCEPTUAL FRAMEWORKPJ Process
Constitutional Limits
Limits of State Authorization
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PJ THE BIG PICTUREFunctions of Process

• Assert courts power (state sovereignty)
• over defendant (or property)
• Notice to defendant
• defend against lawsuit
• Mark beginning of lawsuit
• Trigger s/l
• Determine parties bound by lawsuit

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PJ THE BIG PICTURE Valid Judgments
Collateral Attack

• Hypothetical
• Christine Bob lived in Idaho
• C moved to WA, filed dissolution
• Service by publication
• Default judgment against Bob
• division of property
• judgment against B for

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PJ THE BIG PICTURE Valid Judgments
Collateral Attack

• Hypothetical (cont.)
• Can Bob challenge the decree?
• Decree entitled to FFC, if valid
• Not valid if
• Service of Process violates Contst.
• 14th Amend. D.P.

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SKILLS READING CASES

• Mullane v. Central Hanover, p. 175
• Basic Case Reading
• Questions

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RULE CHOICEConceptual Framework

• Mullane v. Central Hanover BT Co.
• Note 1, p. 183
• Why did drafters of N.Y. Banking Law think
  published notice constitutionally adequate?
• Date of Mullane?
• How fit into Pennoyer-Shoe conceptual framework?

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SKILLS READING CASESHistorical Background

• Pennoyer Framework for Process
• In personam
• in-state personal service
• In rem
• alternative service, e.g. publication
• Evolution
• Consent Domicile
• Milliken, p. 103

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SKILLS READING CASES Rule Choice Legally
Significant Facts

• Different categories of defendants?
• i.e. beneficiaries

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SKILLS READING CASES Rule Choice Legally
Significant Facts

• What notice required for
• Known beneficiaries with known residence?
• Known beneficiaries with unknown residence?
• Future or contingent beneficiaries?

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SKILLS READING CASES Rule Choice Legally
Significant Facts

• Why different forms of notice?
• Better notice
• Less costly notice

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SKILLS READING CASES

• Mullane v. Central Hanover, p. 175
• Rule Choice Possibilities
• actually reach defendant
• most likely to reach defendant
• reasonably likely to reach defendant
• might reach defendant

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SKILLS ARGUING FROM PRECEDENT

• Meaning of Mullane
• Different result for known defendants if
• No regular mailings to beneficiaries?
• Does court require actual notice?

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SKILLS ARGUING FROM PRECEDENT

• Hypothetical
• Ms. Jones says
• "I didn't get notice and
• I object to settlement of account
• Would court vacate judgment in Mullane?

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BLACK LETTER LAWDue Process Notice Requirement

• Mullane Test (Memorize it!)
• notice reasonably calculated
• under all circumstances
• to apprise parties of action,
• and opportunity to present objection

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SKILLS ARGUING FROM PRECEDENT

• Hypotheticals
• Mitchell v. Neff
• Mitchells Affidavits
• Service by mail - last known address
• returned
• Inquiries
• rumor in hiding
• Valid service?

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SKILLS ARGUING FROM PRECEDENT

• Hypotheticals
• Neffs affidavits
• Left forwarding address
• Friends deny Mitchell inquired
• Not hiding
• Visiting friends in SF
• How does court resolve?

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THE BIG PICTUREWhy do we care about notice?

• Notice and Class Representatives
• Why bother sending notice?
• What would you do with it?
• What would Ralph Nader do with it?
• Deterrent effect?

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CONCEPTUAL FRAMEWORKPJ Process
Personal Jurisdiction
Power
Process
Constitutional Limits
State Authorization

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SERVICE OF PROCESS

• Problem Set
• Comments
• Questions
• Organizing the information
• Who, What, Where, When

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SERVICE OF PROCESS

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

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TAKEAWAYS

• Black letter law
• reasonably calculated to give notice
• collateral attack
• only if constitutionally invalid
• Skills Arguing from Precedent
• broad narrow case holdings
• rules standards