Personal Jurisdiction Personal Jurisdiction: Concerns the circumstances under which a court has authority to make decisions binding on these particular parties Injunctive Relief: ordered by the courts not to do something o i.e. a school system might be ordered to desegregate. o Usually awarded when monetary damages will not be sufficient.
Constitutional Limits of Personal Jurisdiction
Pennoyer v. Neff
U.S. S.C. (1878) Facts: Neff was sued by Mitchell in the state of Oregon. Mitchell sought to collect damages but Neff had moved to another state. Notice of the suite was posted in a newspaper in Oregon, however Neff did not answer. Six months later Mitchell secured a writ of execution against Oregon property owned by Neff. . The land was auctioned and won by Mitchell who, in turn, sold it to Pennoyer. Neff sued Pennoyer in federal court seeking eviction. The trial court found for Neff. Pennoyer appeals this decision.
Rules: To give such proceedings validity, there must be a competent tribunal to pass on the subject-matter of the suit; and in order to make a determination of the personal liability of defendant, he must be brought within its jurisdiction by service of process within the state, or by his voluntary appearance. In order for tribunals or court proceedings to be valid a court or tribunal must have jurisdiction to pass on judgment of a s suite in order to do so the (D) must be within the jurisdiction of the court by service of process within the state, voluntary appearance, or the representation of another on his behalf. Issues: Can property of a nonresident be seized by the state court without notification to the owner? Reasoning: The property here in controversy sold under the judgment rendered was not attached, nor in any way brought under the jurisdiction of the court. Its first connection with the case was caused by a levy of the execution. It was not disposed of pursuant to any adjudication, but out of a money judgment, having no relation to the property, rendered against a non resident w/o service of process or his appearance. Publication of process or notice w/ the state where the tribunal sits cannot create any greater obligation upon the non resident to appear: Process sent to him out of the State, and process published w/i it are equally unavailing. To acquire jurisdiction by attachment Oregon would have had to attach the property before the lawsuit. Substituted service of process in actions against non residents is effectual only where the property in the state is brought under the control of the court and subjected to its disposition by process.
Further: What happened in this case was the property of Neff was attached after the proceedings were done with when Neff did not appear. So they went through the trial order him to pay and then when he did not that found that he hand land and turned that in. He was not in the state at the time and he received no service so he lost his land. The court ruled that the land could have been taken if at the beginning of the trial the land was attached but since it was not, a court cannot just make a ruling without Due Process of law.