Civ Pro: Pj And Venue

Front 1

What is personal jurisdiction?

Back 1

power of the court to adjudicate the rights and liabilities of the defendant

Front 2

Is PJ waivable?

Back 2

Yes, by express or implied waiver

Front 3

How is PJ waived?

Back 3

Defendant substantially participates on the merits

Front 4

What are some examples of substantial participation?

Back 4

a. filing a preanswer motion
b. filing an answer
c. filing a motion for change of venue or disqualification of P's counsel

Front 5

What action is not substantial participation?

Back 5

Filing a motion for an extension of time to respond

Front 6

What is transitory jurisdiction?

Back 6

When defendant is served while voluntarily present in the state; force or fraud is unacceptable

Front 7

When is a business considered to be "doing business" in NC?

Back 7

When it has substantial and continuous activity in the state.

Front 8

If a business is "doing business" in NC, for what matters do NC courts have PJ over it?

Back 8

All matters, whether related or unrelated to business activity in NC

Front 9

How can a court get PJ over a defendant using the NC Long Arm Statute?

Back 9

1. acts in NC causing injury to person/property in NC.
2. acts outside NC causing injury in NC where defendant carried on some activity in NC or introduced goods to the flow of commerce
3. acts arising out of contracts to perform services in NC
4. acts arising out of contracts to ship goods to/from NC
5. Acts arising from contracts where plaintiff was a resident of NC when the claim arose
6. acts arising out of contracts of insurance where event causing loss occurred in NC
7. if NC statute provides additional specific grounds for PJ

Front 10

What is in rem jurisdiction?

Back 10

jurisdiction over "a thing" - real or personal property

Front 11

How does in rem jurisdiction apply in NC?

Back 11

NC courts have jurisdiction over any property located in NC

Front 12

Why does quasi in rem no longer matter?

Back 12

because all forms of jurisdiction require minimum contacts analysis

Front 13

What is minimum contacts PJ?

Back 13

straight due process. traditional notions of fair play and substantial justice. Did defendant purposefully avail itself of the laws of NC? (nature and number of contacts; purposeful contacts vs. incidental contacts; are contacts related to claim)

Front 14

What are non-minimum contacts ways to get PJ?

Back 14

1. waiver
2. consent or contract
3. physical presence
4. corporations "doing business" in NC
5. The NC Long-Arm Statute

Front 15

How can a court get PJ over an out of state defendant using NC long arm statute?

Back 15

1. acts in NC causing injury to person/property in NC.
2. acts outside NC causing injury in NC where defendant carried on some activity in NC or introduced goods to the flow of commerce
3. acts arising out of contracts to perform services in NC
4. acts arising out of contracts to ship goods to/from NC
5. Acts arising from contracts where plaintiff was a resident of NC when the claim arose
6. acts arising out of contracts of insurance where event causing loss occurred in NC
7. if NC statute provides additional specific grounds for PJ

Front 16

When must service occur?

Back 16

Within 60 days of the issuance of summons.

Front 17

What are alias or pluries summons?

Back 17

When the clerk extends an action for 90 days.

Front 18

When must venue issues be raised?

Back 18

In first response (pre-answer motion or answer).

Front 19

What is service?

Back 19

the method used to provide notice to the defendant

Front 20

What is process?

Back 20

the summons and the complaint

Front 21

Who can serve a defendant in state?

Back 21

Sheriff of the county where service is to be made or any other duly authorized person

Front 22

Who can serve defendant out of state?

Back 22

A person 21 or older who is not a party or anyone duly authorized to serve in the place where the service is to take place

Front 23

What happens if the summons is not served within 90 days?

Back 23

It can be renewed by endorsement or alias or pluries summons

Front 24

What is endorsement?

Back 24

an extension of time within to complete service of process; must be secured within 90 days after the issuance of the summons or the date of the last prior endorsement

Front 25

What is an alias or pluries summons?

Back 25

extension of the action by 90 days, but be obtained within 90 days of the issuance or last renewal if defendant being served within the US (2 years for outside of US)

Front 26

What are the five methods of effectuating service on a natural person?

Back 26

1. In hand service
2. dwelling house or place of abode w/ a person of suitable age and discretion then residing therein
3. delivering with an authorized agent
4. by mail, registered or certified, return receipt requested, addressed to the party
5. by depositing with a designated delivery service & obtaining a delivery receipt

Front 27

What are the five methods of effectuating service on a corporation?

Back 27

i. Delivering to an officer, director, or managing agent of the corporation
ii. Leaving a copy in the office of the above persons or person apparently in charge of the office
iii. By delivering a copy to an authorized agent (Corporations doing business in NC are required to register an agent for service of process with the Secretary of State, if they fail to do so the Secretary of State will serve as the agent for service for the corporation)
iv. By mail, certified or registered, return receipt requested, to any of the persons listed in #1 or #3
v. By depositing with a designated delivery service addressed to the officer, director, or agent to be served as specified in #1 or #3 and obtaining a delivery receipt

Front 28

How do you serve a minor or incompetent?

Back 28

NP + guardian

Front 29

How do you serve a partnership?

Back 29

General partner, attorney in fact, or authorized agent in manner prescribed for corps.

Front 30

How do you serve a nonresident motorist?

Back 30

Serve the Commissioner of Motor Vehicles in NC

Front 31

How do you serve in a foreign country?

Back 31

Any internationally agreed means reasonably calculated to give notice, like the Hague Convention

Front 32

When is service by publication available?

Back 32

When a party cannot be served by mail or designated delivery service with due diligence (checking phone book and DMV records)

Front 33

What is venue?

Back 33

proper situs or location of the trial

Front 34

When venue is as of right, denial of a motion to remove or dismiss for improper venue is:

Back 34

immediately appealable

Front 35

When venue is discretionary, change of venue is:

Back 35

interlocutory and not immediately appealable

Front 36

How is venue determined?

Back 36

residence of the parties (unless preempted by statute)

Front 37

How is venue determined for individuals?

Back 37

1. in the county in which any of the plaintiffs or any of the defendants reside at the time of the commencement of the action, or
2. if none of the defendants reside in the state, in the county where any of the plaintiffs reside, or
3. if none of the parties reside in the state, then in the county designated in the summons and complaint

Front 38

How is venue determined for domestic corporations?

Back 38

county where the registered principal office is located or where it maintains its primary place of business

Front 39

What is a domesticated corporation and how are they treated?

Back 39

Incorporated in another state w/ a registered office in NC; treated the same as domestic corps.

Front 40

How is venue determined for foreign corporations?

Back 40

1. In the county where the claim arose,
2. In the county where the corporation usually did business or has property, or
3. Where a plaintiff resides

Front 41

When can actions be brought against foreign corporations?

Back 41

1. by a resident of NC for any cause of action
2. by a nonresdient in any county in which he regularly engages in business
3. by a plaintiff, not a resident of NC, in which the cause of action arose or in which the subject matter is situated

Front 42

The proper venue is where the subject of the action is situated when:

Back 42

1. it is an action for the recovery of real property or an estate;
2. the determination of rights occurs in those situations, or
3. for injury to real property

Front 43

The proper venue is where the action arose when:

Back 43

1. actions for penalties or forfeitures imposed by statute; or
2. actions against public officials

Front 44

What happens when a party objects to venue as of right?

Back 44

the court may not proceed with any essential matters until the venue question has been decided

Front 45

When will a case be removed on a discretionary basis to an adjacent county?

Back 45

When there are probable grounds to believe a fair and impartial trial cannot be obtained (publicity; convenience of witnesses)

Front 46

In NC, venue lies:

Back 46

in any county where a plaintiff or defendant resides

Front 47

In NC, domestic and domesticated corporations are residents of a county where the corporation:

Back 47

1. has a registered office;
2. has a principal office; or
3. maintains its business

Front 48

In NC, if no one resides in NC, venue lies:

Back 48

in the county named by the plaintiff in the summons and complaint

Front 49

In NC, if Defendant is a foreign corporation, and plaintiff corporation is an NC resident, venue lies:

Back 49

i) Where the cause of action arose,
ii) Where the Defendant usually did business,
iii) Where the defendant has property, or
iv) Where the Plaintiff resides

Front 50

In NC, if Defendant is a foreign corporation, and plaintiff corporation is a nonresident of NC, venue lies:

Back 50

i) Where the Cause of Action arose,
ii) Where the Defendant usually did business,
iii) Where the Defendant has property,
iv) Where the Plaintiff designates in the Complaint, or
v) Where the Plaintiff regularly engages in business

Front 51

In NC, if the action is for the recovery of, determination of, or rights of real property or an estate, venue lies:

Back 51

where the property is situated

Front 52

In NC, if the action involves penalties and forfeitures imposed by statute or actions against public officials, then venue lies:

Back 52

where the action arose

Front 53

In NC, for official bonds, venue lies:

Back 53

where the bond is given

Front 54

In NC, for construction bonds, venue lies:

Back 54

where the primary contract is performed

Front 55

In NC, in actions against railroads, venue lies:

Back 55

where the cause of action arose or where the plaintiff resided at the time the action arose

Front 56

In Fed Ct, if all defendants reside in one case, venue lies:

Back 56

1. in any district in which a defendant resides, or
2. in any district where a substantial part of the events giving rise to the cause of action took place, or:
3. (if neither 1 or 2 applies) in any district where the defendant may be found or is subject to personal jurisdiction (usually applicable in diversity actions)

Front 57

In Fed Ct, for venue purposes, a corporation is a resident of:

Back 57

any district in which it is subject to personal jurisdiction

Front 58

In Fed Ct, non-U.S. citizens are subject to venue where?

Back 58

In any district, but if they are permanent residents then the district where they reside is their residence for venue purposes

Front 59

When a case is removed to federal court, the venue is:

Back 59

the federal court in the district where the case was filed