Chapter 3 Litigation September 12th 2014 3 2 Standing and Personal Jurisdiction Learning Objectives Explore the standing requirements Understand how a court obtains personal jurisdiction over the parties Standing The Constitutional requirement for the right plaintiff to bring a claim at the right time in litigation controversies o Constitution grants the judiciary power to hear cases and o Implies that courts cannot give advisory opinions Requirements to Demonstrate a Standing Party should prove that it has an actual case to proceed The case should be brought up by the right person at the right time o Ripe Claim ready for litigation o Moot Case is moot if granting the remedy asked would not help the Ability to prove standing does not imply that case has been won o Procedural bar has been cleared and one can proceed towards plaintiff litigation Personal Jurisdiction and Venue Court s jurisdiction over parties in litigation o Power of a court over specific litigants o Requires litigants to have minimum contacts with the state where the case is filed Minimum contacts Constitutional requirements for some form of contact with a forum state before the proper exercise of personal jurisdiction o Venue Seeks to avoid inconvenient litigation even if the case has actual merit Personal Jurisdiction Obtained by court over plaintiff when party files its lawsuit There must be connection between defendant and the state where the court is located Constitutional requirements Due Process Long arm statutes State laws allowing service of process on an out of state defendant with some form of minimum contact with the state Service of process Procedure to give legal notice to a litigant that a court is exercising personal jurisdiction over that person o Requires a copy of the summons to be personally delivered to the defendant or the defendant s agent Summons Judicial order to appear before a court
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