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7 Cards in this Set

  • Front
  • Back
Jurisdiction question structure
Overview - in personam, in rem, quasi in rem
Requirements for the type needed
In personam
general or specific
If specific: 1) minimum contacts, 2) fair play and substantial justice
General personal jurisdiction
Party has systematic and continuous contacts with the forum
Involvement must be intentional
SCOTUS says also process service, consent, constructive consent by nominating agent for process service
Specific personal jurisdiction
Must be permitted under a state law
Must satisfy due process - minimum contacts with forum (that have to do with the COA), exercising jurisdiction must not offend traditional notions of fair play and substantial justice
What makes it fair play to exercise jurisdiction?
State interests in protecting citizens from foreign tortfeasors
Interests of P in being able to use laws of his domicile
Convenience issues
Elements of Res Judicata
Claim at issue must be related to the same T/O of PLC
Must involve the same parties
Must have resulted in final judgment on the merits
Elements of Collateral Estoppel
1) Previously litigated issue of law or fact
2) Actually litigated
3) Litigated to a final judgment on the merits
4) Must be central issue to prior litigation
5) at least one party from the previous lit must be present