1) Consider the following cases:
2) Does an in rem case always have to have publication as its form of service? Does an in personam case always have to have in hand service?
3) Consider the following cases. Is there personal jurisdiction according to the Pennoyer regime? If there is, is it in rem or in personam?
a) Pennoyer and Neff both reside in Oregon. Neff sues Pennoyer in
to get him to remove trash from property in California that Pennoyer
there. Service is in hand on Pennoyer in Oregon.
b) Pennoyer, an Oregon resident, sues Neff, a California resident,
in Oregon state court in order to quiet Pennoyer's title to Oregon
that each claims he owns. Service on Neff is in-hand in California.
c) Pennoyer, an Oregon resident, brings a suit to quiet title to
property that he claims he owns. He brings an action in Oregon state
that he hopes will bind everyone in the world, in the sense that after
there is a decision in his favor, everyone will be claim precluded from
bringing a new suit claiming ownership of the property. Service is by
d) Same as c, except the action is brought in California state court.
e) Pennoyer, an Oregon resident, sues Neff, a California resident,
Oregon state court in order to compel Neff to abide by their contract
of sale and turn over to Pennoyer property in California. Service is in
hand on Neff in Oregon.
f) Mitchell brings an action against Neff in Oregon state court
concerning $253.14 in legal fees. Neff resides in California. The
Oregon state court attaches property owned by Neff worth $300 at the
beginning of the suit.