Jurisdiction as Part of Due Process

Jurisdiction: How do I get to Court

Basic Judicial Requirements to Bring a Lawsuit to Court

 

Read on-line about Pennoyer v. Neff &  International Shoe Co. v. State of Washington. Personal Jurisdiction and the Long Arm Statute

Law, is designed to provide stability, predictability and boundaries in our business and personal relationships. When we feel those boundaries, as provided by the law have been violated, our recourse is to seek settlement in court (we file a law suit). However there are rules which must be followed in that process because the cost of defending suit is expensive and onerous, and we want to be sure that such legal activity is fair. Some of those rules are presented in Chapter 2.  The Fifth & Fourteenth Amendment to the United States Constitution both contain Due Process Clauses.

Due Process Clause

The guarantee of due process for all citizens requires the government to respect all rights, guarantees, and protections afforded by the U.S. Constitution and all applicable statutes before the government can deprive a person of life, liberty, or property. Due process essentially guarantees that a party will receive a fundamentally fair, orderly, and just judicial proceeding. While the Fifth Amendment only applies to the federal government, the identical text in the Fourteenth Amendment explicitly applies this due process requirement to the states as well.

Courts have come to recognize that two aspects of due process exist: procedural due process and substantive due process.  Procedural due process aims to ensure fundamental fairness by guaranteeing a party the right to be heard, ensuring that the parties receive proper notification throughout the litigation, and ensures that the adjudicating court has the appropriate jurisdiction to render a judgment. Meanwhile, substantive due process has developed during the 20th century as protecting those right so fundamental as to be "implicit in the concept of ordered liberty."

The question as it relates to personal jurisdiction and procedural due process is one of where and how is it fair to sue a defendant and to ask that defendant to prepare a defense? Think of the many ways that can become an issue.

Requirements to Bring a Case to Before a Court:

The Court must have jurisdiction over the persons or property. How is that established related to the person? Is it fair to sue a North Dakota defendant in California? Why, or does it violate the North Dakota citizens right to due process? The answer to this is first established in the Pennoyer v. Neff case and further developed in the International Shoe Case. What if the citizen of North Dakota is a corporation? How is jurisdiction established for internet transactions?

 

Federal or State Court?

Should the case be heard in Federal or State Court? Why? What are requirements?