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15 Cards in this Set
- Front
- Back
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WWVW limits on minimum contacts
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Foreseeability alone is not enough
- must purposefully avail themeselves to forum state - D must reasonably anticipate going to court in forum |
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When D puts itself in the stream of commerce via Ashai
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Split view of court if minimum contacts is satisfied by stream of commerce
1.If D also purposefully direct conduct towrds forum state as well 2.Stream of commerce is reasonable for mc by itself |
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General Jurisdiction
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The state of domicile (for individuals) and incorporation and principal place (for corp) comprises the easy instance of general jurisdiction
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Internet presence and jurisdiction
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Mere presence on the internet does not subject one to jurisdiction. If you offer interactive to the fullest more likely to show jurisdiction
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Forum selection clause
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Constitutional and minimum contacts are not necessary where there is consent -Carnival Cruise Line
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Notice
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Notice must be reasonably calculated under the circumstances to apprise interested parties of the action and give them a chane to object
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Venue
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locates the suit in a particular district
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Declining Jurisdiction
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Court can dismiss a case even though it has juridiction
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subject matter jurisdiction
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what kind of cases belong in which court
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Personal jurisdiction
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power to adjudicate over a person or territory within the forum state
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Diversity Jurisdiction
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-Parties have complete diversity
-Greater than 75,000 in controversey |
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Citizenship
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Where people and corporations are domiciled
People= presence and intent to remain indefinitely Corps= where incorp and primar place of business |
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Minimum Amount requirement
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-Each P must be suing for greater than 75,000
-Single P's may aggregate claims but only if it is an undivided claim to meet > 75,000 but not if each has a claim against D |
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1998 amendment to 1332
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An alien admitted to the US for permanent residence shall be deemed a citizen of the state in which such alien is domiciled
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Removal 1441
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D may remove a case to fed court if the case could have originally been brought there
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