JURISDICTION

JURISDICTION: the power to decide a case in a way that binds the parties to the
result
Two branches of jurisdiction:
1. Subject matter jurisdiction: involves the courts power over a particular type of case
(State Court or Federal Court jurisdiction)

2. Personal jurisdiction: the ability of a court to exercise power over a particular

Defendant or item of property; geographically where you can sue (location which
State has authority)

(must have both subject matter + personal jurisdiction to render a valid judgment)

PERSONAL JURISDICTION

OVERVIEW
Personal jurisdiction refers to the ability of a court to exercise power over a
particular defendant or item of property. It also tells you where, geographically,
you can suethese geographic constraints apply in both state + federal
litigation. It may be categorized as in personam, in rem, or quasi in rem. The
primary limitations on a courts power to exercise personal jurisdiction are found
in the U.S. Const. + state statutes. Personal jurisdiction became a part of the U.S.
Const. law because of Pennoyer v. Neff.
1. ORIGINS OF PERSONAL JURISDICTION: [PENNOYER V. NEFF]
Mitchell (OR) sued Neff (not OR resident) for unpaid legal fees in OR State
Ct. + served Neff via newspaper publication (constructive service). Neff
didnt appear, so OR State Ct. enters a default judgment against him.
Judgment is executed by seizing Neffs OR land + selling it at a Sheriffs
sale. Sheriff sells the attached land to Pennoyer. Neff sues Pennoyer (to
recover land) in OR Federal Ct. founding the action on a writ of ejectment.

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Justice Fields Neffs argument: Pennoyer is not the lawful owner of the land because
(SCOTUS) was Pennoyers claim to the land is based upon the invalid judgment entered by
concerned with the the Oregon State Ct., who lacked jurisdictional authority. OR State Ct.
quality of notice lacks jurisdiction because it improperly noticed Neff via publication.
b/c if proper Moreover, the property was not attached at the outset of the original suit.
notice isnt given,
then anyone could
bring about KEY POINTS [FROM PENNOYER V. NEFF]:
frivolous law suits (1) Attachment was not valid. Defendant had not been served in-state
and fraudulently and land was not attached at origin of suit. Earlier judgment was
win claims w/o invalid because OR State Ct. lacked jurisdiction over Defendant or
giving an his land.
opportunity to (2) Every state possesses exclusive jurisdiction + sovereignty over
alleged Defendant
persons and property within its territory
to state his case in
ct. (3) No state can exercise direct jurisdiction + authority over person and
property outside its territory
More specifically,
Justice Fields
In other words:
thought that even if
Oregons statutes
(2) Neff personally served within boundaries of forum state (OR) valid
regarding notice (3) Neff personally served outside boundaries of forum state (i.e. CA)
were satisfied, not valid
simply publishing
notice still wasnt PERSONAL JURISDICTION COULD HAVE EXISTED IF:
good enough b/c of
(1) Proper in-state service at outset of suit (personal service within
the potential
negative boundaries of forum state), or
consequences (i.e. (2) Publication of notice + attachment of in-state property at outset of
Plaintiff using the suit
sneaky procedure ** Service or attachment of property at the commencement of suit is VALID but only in
of publication to forum states territory
obtain a judgment
against Defendant
in order to take his WHY DOES PERSONAL SERVICE ONLY WORK IF IT HAPPENS IN THE
land) FORUM STATE?
Capias ad respondenum: capture someone to serve them with an arrest warrant (original
meaning of Service)

- Service is considered part notification + part coercive authority/ assertion by

the courts to bring a Defendant before them which is why it limits a states
jurisdiction to within its borders
- Suits must commence from state coercion either by attaching Defendants
property or by constructively seizing the Defendant through personal service

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 WHY DOES ATTACHMENT (SEIZURE OF PROPERTY) WORK ONLY IF
OCCURS IN THE FORUM STATE?
- Plaintiff cant sue Defendant in the forum state if:
(1) Defendant doesnt own property in forum state (attachment)
(2) Defendant is personally served outside the forum states borders

**States are sovereign, which means they only have jurisdiction within their own
boundaries

2. SOURCE OF LAW
a. Full Faith and Credit Clause (U.S. CONST., Article IV 1)
METHODS OF DEPRIVING
A PERSON FROM DUE
PROCESS:
1. Injunctive relief
2. Courts penalty i.e.
hauled off to jail if
individual doesnt act
as court has ordered
3. Deprivation of
persons property
4. Judicial proceedings
(classic ex.) b. Full Faith and Credit Act (28 U.S.C. 1738)
therefore, before
judge can enter a
judgment, the court
must afford the
person whose life,
liberty, or property is c.
on the line, Due
Process by following
the correct
procedures.
Requires states to recognize and enforce decisions of other courts.
Superseded by Due Process Clause (states are obligated to carry out
judgments entered in other states only if those judgments dont intervene
with an individuals right to Due Process
o That is, the guarantee of Full Faith + Credit is contingent upon
Due Process
If there is no jurisdiction, there is no way of enforcing it. That is,
judgments only entitled to Full Faith + Credit Clause if ct. rendering
them has jurisdiction.
o Judicial judgment not rendered with Due Process is
unconstitutional and therefore VOID
Rebuttal State Y doesnt need to fulfill State Xs judgment, if State X
didnt have personal jurisdiction over the Defendant
Federal version of the Full Faith and Credit Clause
Federal government is obligated to recognize + enforce judgments of a
state
U.S.C. is the official compilation of federal statutes
14th Amendment
Due Process Clause: no state shall deprive any person of life, liberty, or
property without due process of law.
Requires proper service
Requires personal jurisdiction of a court over a Defendant
Guarantees Due Process within state jurisdiction
Includes Equal Protection Clause
This was the legal basis for SCOTUS to deny Oregon State Ct.s
jurisdiction in PENNOYER V. NEFF
HOW DID JUSTICE FIELDS FEEL ABOUT DUE PROCESS? (pg. 74)
o Supreme Law is the law of the land (Supremacy Clause)any
other law made by Congress, regulatory agencies, state
legislatures, state agencies, or other courts that violates
Constitutional rights are void because the Constitution is Supreme

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 Law. Therefore, all law has to be consistent with the Constitution.
Judicial judgments that are rendered in violation of Due Process
are not valid judgments.
d. 5th Amendment
Due Process Clause
Guarantees Due Process within federal jurisdiction
Doesnt include Equal Protection Clause
3. LIMITATIONS ON PERSONAL JURISDICTION
An exercise of personal jurisdiction may not exceed:
a. Statutory Limitations
i. First place to look to determine whether court has properly exercised
personal jurisdiction is state law. Must be within limitations set by
Constitution.
1. Each state is free to prescribe its own statutory bases for personal
jurisdiction. Exercise of jurisdiction must also satisfy Const.
requirements.
ii. Most states have statutes granting their courts In Personam jurisdiction
in the following (4) situations:
1. Defendant is present in the forum state + personally served with
process
a. PHYSICAL PRESENCE AT TIME OR SERVICE
Most states grant their courts In Personam jurisdiction
over any Defendant who can be served process within the
borders, no matter how long he was present (even if
merely passing through) [BURNHAM V. SUPERIOR CT.].
Tag jurisdiction.
b. State law exceptions to the traditional rule
i. Service by Fraud or Force Invalid
A plaintiff brings a Defendant into a state by fraud
or force to serve process
ii. Immunity of Parties and Witnesses
Most state grant immunity to nonresidents who are
in state solely to take part in a judicial proceeding,
or who are passing through on their way to a
proceeding elsewhere.
2. Defendant is domiciled in the forum state
a. DOMICILE
Most states grant their courts In Personam over persons
who are domiciliaries, even when the Defendant is not
physically served within the state.
i. Defined
Place where a person maintains permanent
homewhere chosen through presence coupled
with intention to make place home.
ii. Citizenship

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 Even if domiciled abroad, Defendant is subject to
personal jurisdiction in U.S. Power of federal
courts to subpoena a U.S. Citizen abroad to return
to U.S. to testify has been upheld by SCOTUS.
3. Defendant consents to jurisdiction
a. CONSENT
Every state provides for In Personam jurisdiction through
Defendants consent, either express or implied or through
making a general appearance
i. Express Consent
1. By Contract: give advance consent to
jurisdiction in the event a suit is brought
against him
2. By Appointment of Agent to Accept Service
of Process: appointing an agent in a
particular state to receive service in an
action against him. Terms of contract
determine the extent of the agents power
and the scope of the jurisdiction conferred
a. Appointment required by state:
when regulating type of business, to
protect citizens, it can require a
nonresident engaged in business to
appoint an agent for service of
process
ii. Implied Consent
When state has a reason to regulate in-state
activity of nonresident conducting business, it may
require the nonresident to appoint a designated
state official as agent for service or process

Ex. Statutes that use implied consent to subject a

nonresident motorist to jurisdiction in any state in
which he has an accident
iii. Voluntary Appearance
A defendant may consent by voluntary
appearancecontesting the case without
challenging personal jurisdiction
1. States may allow special appearance
through which a Defendant can object to
courts exercise of jurisdiction. Defendant
must make special appearance by stating
grounds for his objection in his initial
pleading to the ct.; otherwise, the
Defendant will be deemed to have
consented.

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 4. Defendant has committed acts bringing him within the forum
states Long-Arm Statute
a. LONG-ARM STATUTES
Most states grant In Personam jurisdiction over
nonresidents who perform or cause to be performed
certain acts within the state. Granted whether Defendant
is served within or outside forum, but limited to cause of
action arising from the acts performed within the state.
b. Constitutional Limitations (Art. IV, 5th + 14th Amdt- Due Process)
Due Process Clause: two restrictions on personal jurisdiction
(1) Defendant must have contacts with the forum state and exercise of
jurisdiction should be fair + reasonable
(2) Defendant must be given appropriate notice of the action + an
opportunity to be heard

** STATE STATUTES CANNOT EXCEED CONSTITUTIONAL BOUNDARIES; BOTH

CONSTITUTIONAL AND STATUTORY LIMITATIONS MUST BE CONSIDERED.

**SIDE NOTE**
[INTERNATIONAL SHOE CO. V. WASHINGTON] this case created the
bare bones framework SCOTUS uses when considering jurisdiction
States tax law can only
be enforced by the I.S. was a shoe company that was incorporated in DE + headquartered
courts of that state. in St. Louis, MO. The company employed travelling salesman in states
Therefore, if Washington
cant get jurisdiction
throughout the country. The company didnt have any manufacturing
over I.S., then effectively warehouses (brick + mortar), stores, distribution centers in the state of
it cant enforce its tax Washington. Washington summoned I.S. via an agent (i.e. I.S.
law over I.S. salesman) to collect on unemployment compensation that was funded
by tax revenues imposed on any company that did business in
Washington.
Ex. of Legal Fiction
I.S.s argument: even if its obligated to pay Washington state taxes, the
Incorporating a
State itself doesnt have jurisdictional authority to hail I.S. into court. I.S.
business gives the
business a
further argues that its activities within the state are not sufficient for
personhood in personal jurisdiction. For example, I.S. has limited activity in the state:
the eyes of the law. (1) it doesnt have manufacturing warehouses in the state; (2) doesnt
A corporate entity distribute shoes within the state; (3) doesnt execute Ks to purchase the
is a legal person shoes in the state; (4) no retail presence (i.e. brick + mortar stores
separate from the selling the shoes). (1)- (4) are evidence of I.S.s non-physical presence
people who in Washington.
comprise of that
Under the [PENNOYER] framework, (1) -(4) are reasons for Washington
company.
NOT to have personal jurisdiction over I.S. because I.S. is considered not to
SCOTUS thinks that have sufficient presence within the state.
the law should
What does it mean for a corporate entity to be present in a state?
treat corporations
as embodied
persons 6
 o [PENNOYER] says that a Defendant must be present in the state to be
served; however, [INTERNATIONAL SHOES] states that presence is
symbolic. The idea that a corporate entity is a legal person that is
separate from the people who comprise

KEY POINTS [FROM I.S. SHOE CO. V. WASHINGTON]

I.S. makes two distinctions as to when a court has jurisdiction over a person:

(1) Whether the Defendant is at home OR not at home in the forum state.
Even if the Defendant is not at home, the forum state can still assert specific
jurisdiction over Defendant so long as plaintiffs claim arises specifically from
Defendants activities in that state direct causal relationship between activity
and suit claim (i.e. I.S. v. Washington the lawsuit is regarding proof of tax
liability and thus the focus of said suit is on Defendants employment of its
travelling salesman in Washington). Specific jurisdiction doesnt account for how
active or how present the corporation is within the forum state (pg. 83) so long
as the claim specifically arises from Defendants activities in that state.
(2) Whether the claim asserted against Defendant is related OR not related to its
activities in the forum state.
If Defendant has sufficient connections to the forum state, then service can be
A corporation is delivered to Defendant outside state borders (i.e. mail) enabling the forum state to
considered at assert its jurisdiction.
home or When a corporation engages in activities within a state via its agents (i.e.
domicile in states employees such as a salesman), the corporation is considered present within the
where it does a forum state.
great deal of DIFFERENCE BETWEEN [PENNOYER] AND [INTERNATIONAL SHOES]
activities (i.e. HQ) (1) [PENNOYER] is strictly concerned about the legal limits of a states jurisdiction
and the state in (2) [INTERNATIONAL SHOES] discusses Due Process and the traditional notions of
which it was
fair play and substantial justice.
incorporated.
UNRELATED RELATED
[MCGEE] +
DOMICILE

[HANSON] can be
NOT

categorized in the
first top (2) boxes. NO JURISDICTION SPECIFIC JURISDICTION
(when Defendant is not at home +
[MCGEE]ct. finds claims arent related to Defendants (subject to claims specifically arising from
that CA has a basis activities within the forum state) Defendants activities in forum statealso
for exercising known as case-linked or case-
jurisdiction over TX dependent jurisdiction)
insurer.

[HANSON]ct. finds
DOMICILE

that FL does not GENERAL JURISDICTION GENERAL JURISDICTION

have constitutional
basis for exercising (subject to any claims because (Also known as case independent
jurisdiction over DE corporation is at home) jurisdiction because Defendant is
subject to forum states full sweep of
TTE
jurisdictional power)

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Ex. I.S.s truck driver gets into a car accident in Wyoming. Plaintiff, injured in the car
accident, could file suit in Wyoming, and Wyoming would have personal jurisdiction
over I.S. in this claim.
Once it is determined that the state allows the court to exercise In Personam
jurisdiction over the parties, the constitutionality is determined by looking at
two things: (1) contacts with the forum + (2) notice
i. SUFFICIENT CONTACTS WITH THE FORUM: CONTACT AND FAIRNESS
1. Traditional Rule: Physical Power
Court has jurisdiction over Defendants who were served within
the state and Defendants who consented to states power, or who
were domiciled in state, regardless of where they were served.
2. Modern Due Process Standard: Contact + Fairness
Focus became whether sufficient min. contacts existed between
Defendant and forum so maintenance of the suit does not offend
traditional notions of fair play and substantial justice.
a. Contacts: [INTERNATIONAL SHOES]
Defendant must have such minimum contacts with the
forum that the exercise of jurisdiction would be fair +
reasonable. Court looks at purposeful availment and
foreseeability.
i. Purposeful Availment
Contact must result from purposeful availment to
forum. Contacts cant be accidentDefendant
must reach out to forum in some way (i.e. to make
money or use roads)
[HANSON V. DENCKLA]Purposefully availing
himself of the privilege of conducting activities
within the forum state, thus invoking the benefits
and protections of its law. (pg. 90)
1. Foreseeability: activity that meets the
purposeful availment concept is related
enough to the underlying suit to make a
suit of this type in this state foreseeable

c. Personal Jurisdiction in Federal Courts

Main problem is when Defendant lives in another state: federal ct. must analyze
personal jurisdiction as if it were a court in the state in which it is located.
Assessment of whether the ct. has personal jurisdiction over Defendant will be
the same in federal ct. as it is in state ct.

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 4. TYPES OF PERSONAL JURISDICTION
a. In Personam Jurisdiction (power over the person)
TERMINOLOGY
Allowed lawyers to speak
economically about whats
happening:
1. In Personam service
of process (Ks or Torts)
2. Quasi in Rem
attachment of property
(Ks or Torts)
3. True In Rem service
of process + publication
(Property)
5. SIMPLE WAYS TO EST. PERSONAL JURISDICTION
Jurisdiction over Defendant by virtue of Defendants relationship with forum
state. Proceeding against a persons person by serving him with process. Is
entitled to Full Faith and Credit in all other states. Gives jurisdictional power to
decide personal rights
Obtained by serving Defendant personally with proper service
Binds Defendant personallyjudgment owner can have certain assets that
Defendant owns seized + sold to satisfy judgment
Ex. Contracts, Torts, Con Law
b. In Rem Jurisdiction (power over the property)
Ct. has power to adjudicate rights of all persons with respect to a particular item of
property. Property is located within the physical borders of the state + is necessary for
state to bind all persons regarding the propertys ownership/use
Relates to property rights against the whole world
Can a state seize property within its borders belonging to a non-resident to
compensate a resident?
o For any purpose other than In Rem against a non-residents property,
Due Process demands personal service or appearance.
Ex. Ejectment, Eminent Domain
c. Quasi in Rem Jurisdiction (power over the property)
Unlike In Rem, Ct. not permitted to determine rights of all persons connected to
property. Is used to determine whether particular individuals own specific property
within the ct.s control. The dispute involves personal rights, not property rights.
Type 1: attach + publish
The claim arises and is related to the property at hand. Suit is an assertion of
rights to a piece of property against a specific person. If Defendant doesnt
appear in court after being summoned, then an attachment of property occurs,
where the property is seized in lieu of arresting Defendant.
NOTE: A person can only sue for damages in the amount of the propertys
worth. Therefore, if you attach land to your suit, but you suit claim is more,
then youll lose out on money.
Type 2: notice is published, most fiction + strangest
The suit is unrelated to the property, but the property serves as an asset to
satisfy judgment that may be entered against the owner. Property must be
attached at the outset of the suit.
** DEFENDANT IS NOT BOUND PERSONALLYONLY APPLIES TO PROPERTY
WITHIN THE STATE
a. Proving power over the non-consenting party (service, attachment)
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 b. Consent by the Defendant
6. PENNOYER V. NEFF (SUMMARY)
In general, this case is not good law in modern-day standards. But, it est. three
principles that are relevant today

PRINCIPLES:
(1) Judicial judgments rendered in a way that doesnt adhere to Due Process are
VOID + NOT ENTITLED TO FULL FAITH AND CREDIT
a. Due Process guarantees individual that his rights can be adjudicated
only by court that has personal jurisdiction
b. Full Faith + Creditrequires states to enforce judgment of sister states;
however, court does not enforce judgment entered without personal
jurisdiction

(2) Basis + Assertion requirements:

Courts can adhere to Due Process by carrying out ASSERTION of judicial
authority/ jurisdiction via attachment and personal service + having a BASIS
for seizing the Defendants property or Defendant, himself.

**The way in which Basis + Assertion are carried out changed over time, but
both are still required

(3) Jurisdictional requirement:

For a court to render judgment, it must have jurisdictional authority. One way
a court can have jurisdictional authority over parties is by est. Principles (1)
and (2) mentioned above.
This case set out rules irrelevant to businesses (NEGATIVE REPERCUSSIONS)

Economic repercussions lets assume that youre a business owner + you know that
if you were cheated by someone who is not from your state, then you may have to
travel far distances to retrieve damages for the wrongdoing. Scenarios such as this
would deter many from doing business with others outside their own state.

There are EXCEPTIONS to this case

(1) Status: court has authority to determine status of one of its citizens in relation
to a non-resident (i.e. marriage, divorce); that is, in regards to marriage +
divorce, a court can decide on the marital/divorce status of a non-resident
and resident w/o personal service
a. Ex. Mrs. Neff could obtain an Oregon divorce, because OR would have
jurisdiction over her status as a married person, even if she couldnt
locate or serve her husband in OR.
(2) Consent: appointed in-state agent/ representative could receive service +
notice of legal proceedings regarding the business and as such, consent to
jurisdiction
a. The basis for business is consent. The business consents to having an
agent within the state so that if legal proceedings occur, that agent can
be served. In return, the state allows that business to conduct its
activities within that state.

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 7. DEFENSES TO PERSONAL JURISDICTION
a. Defenses (12(b), (h), (g)) of
i. Lack of personal jurisdiction
ii. Improper venue
iii. Insufficient process
iv. Insufficient service of process is waived unless,
**Joining it with other defenses 1. Defense is raised at the FIRST available moment, either
or objections does not waive the
pre-answer motion or during answer if no motion is
right.
made.
b. Raise PJ at outset to deter forum shopping and economize on courts
resources

Cases

[HANSON V. DENCKLA] pertains to purposeful availment

Donner is a rich PA resident, who has (3) daughters. She sets up a trust fund
and names DE Bank as TTE. Donner then moves to FL to live out her retirement
until her death. If the trust fund is considered invalid, then (2) of her daughters
gets all of the money while the remaining daughters gets nothing. The (2)
daughters sue DE Bank about the validity of the trust. The FL ct. rules in favor of
the (2) daughters, finding the trust invalid. The third daughter simultaneously
files suit against DE Bank in DE. The third daughter argues that the DE court
should ignoring the ruling of the FL ct. The DE ct. finds the FL ct.s ruling invalid.
The case is brought up to SCOTUS.

DE Ct. + Third Daughters argument: FL ct.s jurisdiction over the TTE is

unconstitutional and thus should be voided. That is, the FL ct.s judgment should
not be entitled to Full Faith and Credit.

Issue: whether FL has jurisdiction over DE Bank, as TTE.

(In order to determine this, we need to consider the kinds of contact TTE had with the State of
FL.)
Contact TTE had with State of FL
o Via Donner (trust settlor) when she moved to FL
o Beneficiaries of the trust are FL residents
o Communication between Donner (whos living in FL at this point) and TTE
o Donner collected income from trust during her life

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 hypos

Relates to [HANSON]: Lets imagine a different set of facts in [HANSON]DE Bank enters
into trustee relationship with Donner in PA. Then Donner moves to FL and dies there. DE
Bank doesnt solicit trust administration services to Floridian residents but only in the
tristate area. DE Bank has annual executive retreats in South Beach, Miami, FL every year.
Should the FL court have jurisdiction now?
o Discussion: It appears that DE Bank has purposefully reached out to the
state of FL. That is, the Bank has sought out beneficial activities in FL.
However, FL should only have jurisdiction in suits relating to the executive
retreat. Another factor to consider is the assumption of riskhere the
Bank assumed the risk of being dragged into FL court in respect to the
specific activities it engaged there (i.e. executive retreat); this considered
foreseeability.

VOCABULARY

Appellant: person who brings the appeal to the court

Appellee: person responding to the appeal brought by Appellant

Attachment: legally seized property; sometimes means literal seizure and other times it means
posting notices on property or on records of title so that prospective buyers know it cannot be
sold by the owner with title

Civil (cases): can be initiated by the State, but is often initiated by private litigants
- includes penalties such as damages
- can include torts and contract cases, as well as matters that revolve around cases
brought by citizens against the government (i.e. Brown v. Board of Education)
Constructive: fictional/pretend
- used in the context of constructive notice: notice in a newspaper in which it is highly
unlikely that the Defendant will actually see the notice

Damages: monetary relief to compensate for damages

Default Judgment: Court enters a judgment against Defendant for not appearing

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Dicta: a judges opinion on a point other than the precise issue involved in determining a case
Injunctive Relief: court ordering Defendant to take some action or refrain from taking some
action in the future in order to come into compliance w/ civil legal compliance
Legal Fiction (lets pretend rules): rules that tell us as a legal matter to assume that what
plainly isnt true, is true, when some particular sets are on the ground
- Ex. Lets say that the alleged Defendant didnt appear in court, but also doesnt own any
property. In this case, the Defendant wasnt arrested, and the property isnt seized.
However, if the Sheriff served official Summons on the Defendant, then the court treats
this situation as though the Defendant was arrested and dragged into court (this is
known as service of process; constructively arrested; or seized when served)

Petition for certiorari (a/k/a/ Cert. Petition): filing an appeal to SCOTUS SCOTUS has
discretion on whether or not to accept appeal.
- Appellant in SCOTUS case is known as Petitioner
- Appellee in SCOTUS case is known as Respondent

Procedural Law: the law that tell us what happens once we decide to sue
- specifies which courts are available to us when were injured
- tells us what we have to do to commence a lawsuit once we find a court that is open +
available to us
- tells us how we carry that lawsuit to a conclusion
- regulates courts management of the suit (i.e. what happens once suit arrives to court)
Ratio deciendi: Reasoning that is necessary for the outcome; statements, conclusions, reasoning,
finding of facts that under the framework the court has set out are essential to the justification
of the decision
- reasoning that supports outcome which is bind precedence on court authority

Sheriffs Deed: deed given to buyer after property is purchased at Sheriffs auction
Substantive Law: the law that regulates our duties + conduct with one another outside court
imposes duties on us when interacting with others
- focuses on what we owe someone when we violate those duties
- gives those violated the right to sue the violator for damages
- this is the reason why people file law suits

Summary Judgment: judgment on the merits of the case facts and thus resolving the dispute
w/o need of trial

(True) In Rem: these suits involve a dispute about the rights of a piece of property (who owns
the property?)

Writ of Ejectment: process issued by a party claiming property again one who is alleged to be
unlawfully in possession of it
- Ex. Neff sues Pennoyer for occupying land that is not legally rightfully his. Neff
claims that Pennoyer has a false title of the property.

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Writ of Execution: Sheriff attempts to levy (legally ordered seizure + sale of property to satisfy
a delinquent debt or judgment) property owned by Defendant

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