Reading Notes
These notes come from pages 150-174 of the Glannon casebook.
US Constitution Article IV
Article IV of the Constitution describes some of the powers of the States. The states have the ability to govern themselves, develop acts, records, and judicial reasoning. Those who have committed a crime and fled the state can be delivered up the the original state for trial.
Additionally, this Article outlines the how states are to be developed and any changes need to the approval of Congress.
US Constitution Amendment XIV
This article contains five sections, however, the most explored is section 1. This section outlines the due process clause, the privileges and immunities clause, and the equal protection clause. Much of what we discuss will likely be based on these three principles.
The other sections outline who can vote, what age they can vote at, and other rules for handling insurrections (in light of the recent Civil War).
§ 1
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
Casebook
Pennoyer v. Neff
95 U.S. 714 (1878)
Plaintiff
Neff
Defendant
Pennoyer
Procedural history
Pennoyer lost in the trial court then filed appeal.
Legal Question
Is the judgment of the sheriff to recover some land in behalf of Pennoyer a valid judgement?
Answer
No, this is not a valid judgement.
Facts
Neff was a non-resident of the state of Oregon but owned land in the State. In a contest over the land, Pennoyer received judgement that he would have ownership of the land. Neff was summoned in a local newspaper, didn’t show, and by default lost the land.
* Adjustments during class
This story occurs in two parts
First, Neff was a client of Mitchell who was an attorney in Oregon. Neff failed to pay attorney fees. Therefore, Mitchell sued Neff in Oregon to obtain compensation for his services. Neff is living in California, but has property in Oregon. So, Mitchell, knowing Neff had property in Oregon sought an order to obtain the property to pay the debts. The court gave him that order, obtained the property, auctioned it off, and Pennoyer purchased some of that property.
Next, Neff showed up and says the court had no authority to execute the judgement. Neff claims he needed to be notified in “service of process.” The service was done by publication where the summons is done through a newspaper.
Analysis
The state has the power and a duty to its citizens. This power can cause a state to make a claim over a resident in another state. However, the state must either summon a non-resident personally or have them come voluntarily. Without this summon, the judgement executed by that state may be questioned.
The essential part to understand here is that the court did not have control over Neff’s property. So, they couldn’t enforce a judgement. If they later came into possession of the property, that judgement would still be void and a new trial would need to be conducted.
Why should we care?
Pennoyer has two main rules: 1. You need to provide proper notice (in person) and 2. that notice has to occur within the state (personal jurisdiction). If the court did not provide proper notice or have personal jurisdiction over the person, the judgement should be questioned.
In between cases
In Hess v. Pawloski we learned that implied consent applies to things that may be considered dangerous and thus the state has power to exercise action against parties to “consent” to it. This all depends on the forum of the act being performed (i.e. driving an automobile over state lines).
In Milliken v. Meyer, the court says that being domicile in a state is sufficient to claim personal jurisdiction. So, the state can cross borders to deliver summons, expect the party to be at court, and authorize good judgement.
International Shoe Co. v. Washington
326 U.S. 310 (1945)
Appellee
International Shoe Co.
Procedural History
International Shoe Co lost in the state courts, the case now being brought before the Supreme Court.
Questions
- Whether International Shoe Company rendered itself to personal jurisdiction because of it’s activities in the state of Washington
- Whether the state can exact contributions from the defendant. (we will not address this point in the brief)
Holding
Yes, International Shoe Co developed contacts which showed that the state had specific jurisdiction over the company.
Facts
International Shoe Co. did not have an office or conduct manufacturing in the state of Washington. However, there were several salesmen who were employed by the company who would collect orders and send them to the company headquarters in St. Louis, who would then fulfill those orders. Washington sought to claim unemployment taxes from the company for these salesman. The company filed suit arguing that there was no personal jurisdiction because the company did not maintain a “presence” there.
Analysis
A company can have a “presence” in a state because of the contacts within the state. These contacts must be related to the claim that is being brought. Because these contacts are collecting orders in Washington, and the claim arrises from Washington, Washington can exercise personal jurisdiction over the company in another state.
Why should we care?
This shows how specific personal jurisdiction and general personal jurisdiction functions. I don’t really understand the difference between the two in theory (it makes sense in practice) and more notes will come.
For now, it is important to realize that Pennoyer is practically overturned by this case. A service could now be given over state boundaries, to an individual not domiciled in that state, and did not consent to be sued in that state. However, there are principles of Pennoyer that remains good law (such as maintaining a presence)
Additional Notes
Personal Jurisdiction is one of the requirements for a court to hear a case (personal jurisdiction, subject matter, venue). This lecture will be focusing on that process.
Due process is ratified twice in the Constitution, the fifth and fourteenth Amendments. If the case relates to the federal government it falls under the due process clause of the fifth Amendment. Additionally, if the case relates to the State governments, it falls under the due process clause of fourteenth Amendment.
Pennoyer is an attempt of the government to understand how due process relates to the states.
Personal Jurisdiction is the power and authority of the court over the parties in the case. However, the focus is always going to be on the defendant because the defendant will be the one to try and refute the personal jurisdiction.
A couple of terms that we need to know is In Personam and In Rem
- In Personam is jurisdiction over the person and all their assets (including property)
- In Rem which is just jurisdiction over the property that is within the jurisdiction of the court.
Today, notice is not restricted to a limited jurisdiction anymore. The other thing to note is that Pennoyer v. Neff is still the law of the land today.
There are 4 different types of personal jurisdiction
- Specific – Based on case. You can be sued where the act occurred.
- General – Based on domicile. You can be sued in your home state.
- Transient Presence – Based on location. You can be sued if you are in the state that the lawsuit was filed.
- Waiver of/Consent to – Based on consent. You can be sued where you consent jurisdiction to occur (i.e. Terms and Conditions).
Forum state is where the case was filed.
Disclaimer
The content contained in this article may contain inaccuracies and is not intended to reflect the opinions, views, beliefs, or practices of any academic professor or publication. Instead, this content is a reflection on the author’s understanding of the law and legal practices.
