CONCEPTUAL FRAMEWORK Choosing a Trial Court

1. CONCEPTUAL FRAMEWORK Choosing a Trial Court + +

2. CONCEPTUAL FRAMEWORKPJ & Process Personal Jurisdiction Power Process Constitutional Limits State Authorization

3. CONCEPTUAL FRAMEWORKPJ & Process Constitutional Limits Limits of State Authorization

4. PJ: THE BIG PICTUREFunctions 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

5. 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 $

6. 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. • 14th Amend. D.P.

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

8. RULE CHOICEConceptual 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?

9. 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

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

11. 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?

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

13. 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

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

15. 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?

16. 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

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

18. 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?

19. 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?

20. CONCEPTUAL FRAMEWORKPJ & Process Personal Jurisdiction Power Process Constitutional Limits State Authorization +

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

22. 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

23. 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