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

Power Personal (Territorial) Jurisdiction Process In personam In Rem PresenceConsentDomicile In RemIn personam Property In State Minimum Contacts

SKILLS: READING CASES Analyzing the Rationale Part II: Choosing Between Frameworks Plaintiff’s argument? Basis for TJ under Pennoyer? Defendant’s argument?

SKILLS: READING CASES Analyzing the Rationale Part II: Choosing Between Frameworks How do courts choose? Law as an Authority Based System Analogy: lawyers & courts as teenagers Arguing to trial courts Arguing to S.Ct.

SKILLS: READING CASES Analyzing the Rationale Part II: Choosing Between Frameworks Law as an Authority Based System (cont.) Judges as Policymakers Wolcher’s Thinker Cartoon “Instrumentalists” Policy & TJ

SKILLS: READING CASES Analyzing the Rationale Part III: Effect of the Court’s Decision Minimum contacts & in rem jurisdiction property unrelated to claim quasi-in-rem type 2 property = basis for jurisdiction only

SKILLS: READING CASES Analyzing the Rationale Part III: Effect of the Court’s Decision The “inherent uncertainty” of Shoe Rules and standards

SKILLS: READING CASES Analyzing the Rationale Part III: Effect of the Court’s Decision The argument from stare decisis

TAKEAWAYS Skills: Reading Cases Dissecting the Rationale Authority based arguments Instrumentalist arguments Effects on other cases Rules & Standards Stare Decisis

TAKEAWAYS Black letter law Minimum contacts test applies to “in rem”