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7 Cards in this Set
- Front
- Back
Jurisdiction question structure
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Overview - in personam, in rem, quasi in rem
Requirements for the type needed Apply |
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In personam
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general or specific
If specific: 1) minimum contacts, 2) fair play and substantial justice |
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General personal jurisdiction
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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 |
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Specific personal jurisdiction
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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 |
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What makes it fair play to exercise jurisdiction?
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State interests in protecting citizens from foreign tortfeasors
Interests of P in being able to use laws of his domicile Convenience issues |
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Elements of Res Judicata
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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 |
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Elements of Collateral Estoppel
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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 |