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29 Cards in this Set
- Front
- Back
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Personal Jurisdiction
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Domicile
Presence in State and served, so long not by fraud or deceit Consent, appearing in the action, by contract, appointment of agent for service, implied consent |
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Long Arm Jurisdiction
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Long Arm Statute
Minimum Contacts Traditional Notions of Fair Play Substantial Justice Notice |
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Purposeful availment:
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D purposefully availed himself of the benefits and protections of the forum state
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Forseeability:
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D must know or reasonably anticipate that her activites in the forum state render it forseeable that she may be hauled into court there
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Relatedness between claim and conduct:
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D's cause of action arises from or relates to plaintiff's purposeful availment of the benefits and protections of the forums state
General Jurisdictions -> systematic, continuous, substantial |
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Traditional Notions of Fair Play and Substantial Justice
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Burden on Plaintiff
Burden on D Convenience - be so gravely difficult and inconvenient so that the D is severely disadvantaged Forum's state's interest |
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Notice
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Due process requires that a reasonable method be used to notify the D of a pending lawsuit so that she may have an opportunity to appear and be heard
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Subject Matter Jurisdiction
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Federal Question Jurisdiction
Diversity Jurisdiction |
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Federal Question Jurisdiction
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State and federal courts have concurrent jurisdiction of federal question claims except when congress expressly provides the jurisdiction of the federal court is exclusive as it has under the SEC act patent and bankruptcy.
No bright line test for determining action under constitution. In general if cause of action is expressly federal, federal law provides right. |
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Diversity jurisdiction
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Action must be between citizens of different states
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Diversity Jurisdiction: Individuals
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deemed to be a citizen of the state of domicile
presence in the state and subjective intent to remain in that state permanently |
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Diversity Jurisdiction: Corporations
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corporations are needed citizens of place of incorporation and nerve center
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Diversity Jurisdiction: Unincorporated associations
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citizen of each state where any member is a citizen
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Diversity Jurisdiction: Deceased
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Citizenship of the deceased
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Diversity Jurisdiction: Min amount controversy
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75k
aggregation is allowed if against the same D |
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Supplemental Jurisdiction
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Cases are allowed to to be introduced as supplemental to a valid claim if they arise of the same common nucleus of operative facts
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Supplemental Jurisdiction Limitation
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can't be used to overcome lack of diversity if case brought under diversity jurisdiction
does not matter for federal question jurisdiction does not matter for amount in controversy |
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Venue
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Where all D reside, doesn't matter if 2 D of 2 different states
if 2 D of same state either district is okay or Substantial part of the claim arose or Diversity cases -> any district where any D is subject to personal jurisdiction at the time action commences Federal Question -> a district where any D may be found |
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Venue: Residence
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Individuals residence = domicile
Corporations resides in all districts where it is subject to personal jdx |
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Venue Improper or Inappropriate Venue
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Transferring is allowed if
proper venue and has personal jdx over D Forum non-convenience if there is a far more appropriate court elsewhere a court may dismiss w/o prejudice to let Plaintiff sue D there |
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Venue: Removal
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When D seeks to remove case from state to federal court
D can remove to fed ct if it is okay in 1st place Can only be removed to fed ct embracing the state court in which case was filed removal must be within 30 days of service All D must agree on removal D can't file for removal if D is citizen of state |
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Service
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In addition to personal jdx D must be given service of process by receiving a copy of the summons and complaint
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Personal Service
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Paper given to D directly anywhere in the US
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Substitute Service
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Valid if left at D's Usual Abode of suitable age and discretion
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Service on Agent
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Process can be deliver to D's agent
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Service by 1st Class Mail
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Process is mailed to D by 1st class mail
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Time Frame for service
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The relevant time frame allowed for service of process is 120 days after filing complaint
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Service immunities
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D is immune from service while in a forum state testifying as a witness or party of different case
CA will allow service |
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Erie Doctrine
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Federal Courts are required to apply state substantive law to non-federal cause of action (not-procedure):
Elements of a claim or defense statute of limitations rules for tolling SOL Burden of Proof choice of law |
