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15 Cards in this Set

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