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5 Cards in this Set
- Front
- Back
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PERSONAL JURISDICTION (Basic Idea)
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Involves one question: ccan P sue D in this STATE?
Not concerned w/ what COURT we go to in state court. |
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PERSONAL JURISDICTION (Analysis)
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Whether there is personal jurisdiction is a TWO-STEP analysis:
(1) Satisfy a statute (e.g. a state long-ar statute; AND (2)Satisfy the Constitution (Due Process) |
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PERSONAL JURISDICTION (Difference in Analysis b/w State and Federal Court)
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There is no difference in the analysis whether the case is filed in federal court or state court.
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In Personam Jurisdiction
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P wants to impose a personal obligation on D. J/d is over the person, not her property, b/c of some contact b/w D & forum State.
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In Personam Jurisdiction (Statutory Analysis)
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•Most states have a series of statutes that allow PJ in a variety of contexts, such as PJ over Ds who:
o Are served with process in the state; OR o Are domiciled in the state; OR o Do certain things (e.g., commit a tortious act in state; enter a K; conduct business) in the state; OR o Otherwise conset to Jurisdiction •CA is pretty easy b/c |
