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 + +

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

CONCEPTUAL FRAMEWORK PJ & Process Limits of State Authorization Constitutional Limits

PJ: THE BIG PICTURE Functions of Process Assert court’s 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

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 $

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

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

RULE CHOICE Conceptual Framework Mullane v. Central Hanover B&T 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?

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

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

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?

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

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

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

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?

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

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

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

THE BIG PICTURE Why 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?

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

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

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

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