STUDY OF THE DIVISION OF JURISDICTION BETWEEN STATE AND FEDERAL COURTS V.

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MULTI-PARTY MULTI-STATE JURISDICTION-GENERAL DESCRIPTION AND PURPOSE MP1

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MULTI-PARTY MULTI -STATE JURISDICTION
General Description and Purpose
The complexity and rapid communication which have been often
noted as characterizing our modern society result, in the context
of litigation, in an increasing proportion of lawsuits involving
more than two parties and events in more than one State. The
effective resolution of such controversies poses special problems
in a federal system such as ours, premised as it is upon the
several States as the basic law-making and law-adjudicating units
of government. For it remains true-that in great bulk these trans-
actions continue to be governed by State law, properly adjudicated
in State tribunals.* At the same time, efficient disposition of
*Where a supervening federal law has
displaced State law as the substantive
governing law, different jurisdictional
considerations of course come into play as
well; cases arising under federal law
are not within the scope of this proposal
and will be treated separately later.
lawsuits involving such complex transactions often calls for bringing
in multiple parties, perhaps from several different places.
The State courts are no longer as restricted as they once were
in- securing the presence of such parties.. Earlier concepts of federal
constitutional dueprocess, which began with.the notion that The
foundation of jurisdiction is physical power, severely limited the