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19 Cards in this Set
- Front
- Back
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What is Personal Jurisdiction?
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The power of the court to compel an out of state defendant to answer. If he does not, a default judgment could be entered against him
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How do we obtain Personal Jurisdiction?
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We obtain Personal Jurisdiction over a foreign defendant by serving him notice under the Constitution (Mullane), or to the extent permitted by the state’s long arm statute.
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What is notice under the Constitution?
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Notice should be reasonably calculated to impart notice under the totatlity of the circumstances. When notice is a person’s due, a process that is a mere gesture is not notice at all
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What is notice under FRCP 4?
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Permits notice within 120 days of filing
Under the law of the state where the district court sits (where filed), OR under the law of the state where service is made (where served)—must use this rule if serving minor. Bulge Rule – Personal Jurisdiction over defendant located within a hundred miles of the court where filed but only for parties Joined under rule 14 and 19. |
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What is service of notice under FRCP 4?
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Personal Service is always good wherever served, OR at home or usual abode if given to someone of suitable age and discretion who resides there; the person’s agent; at work with clerk or person in charge; or, mailing to last known address
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What is service of notice under CA RCP?
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1. Home – 18 years or over and MUST mail copy.
2. Work – Leave with someone in charge and MUST mail a copy to work |
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What is the attack outline for Personal Jurisdiction?
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1. Define PJ
2. Obtaining PJ 3. Service of process 4. Long-Arm Statute, co-extensiveness 5. Minimum Contacts - Purposeful/Nexus 6. Fairness 7. Special cases - stream of commerce 8. Special cases - fairness 9. Traditional basis |
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What is it being within the grasp of a State's Long-Arm Statute?
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Personal Jurisdiction can be obtained over an out of state defendant by a state statute so long as it does not offend traditional notions of fair play and substantial justice. It must conform to Intl. Shoe and its progeny.
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What is minimum contacts?
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The court has jurisdiction if the defendant has such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice
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What is the definition of Nexus/Foreseeability?
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The defendant’s conduct and connection with the forum state are such that he should anticipate being haled into court there.
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What is the defintion of fairness in Personal Jurisdiction?
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Asserting PJ over defendant comports with traditional notions of fair play and substantial justice.
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What is Subject Matter Jurisdiction?
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Since federal courts are courts of limited jurisdiction, subject matter jurisdiction is the power of the court to hear a particular case
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What is Diversity of Citizenship for U.S. citizens?
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where a person is domiciled (NOT residence), OR interpreted as the place one intends to reside permanently.
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What is Diversity of Citizenship for Non-Permanent Resident (student/work travel visa)?
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anywhere, mythical 51st state
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What is Diversity of Citizenship for Legal Representatives of decedents, incompetents, and infants?
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domicile of the person being represented
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What is Diversity of Citizenship for Corporations?
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Corps have dual citizenship, 1)state of incorporation and 2)principal place of business. Principal place of business is analyzed under two factors:
1. Nerve center – where executive and admin. functions are controlled 2. Muscle – where everyday business activities occur |
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What is Amout in Controversy under Diversity Jurisdiction?
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A claim based in diversity of citizenship must EXCEED $75,000 exclusive of costs and interest. Injunctions are value as a cost to the defendant and benefit to the plaintiff and may be aggregated with damages to meet the amount in controversy
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What is aggregation of claims in Amount in Controversy?
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A single plaintiff MAY aggregate claims against a single defendant to meet the amount in controversy. However, multiple plaintiffs may not aggregate claims, OR a single plaintiff may NOT aggregate claims against multiple defendants to meet the amount in controversy
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What is Supplemental Jurisdiction?
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Once a federal court has original jurisdiction over a claim, the court MAY exercise supplemental jurisdiction over other claims that arise from the same Constitutional case or controversy EXCEPT that plaintiffs do not get the benefit of supplemental jurisdiction over claims against parties joined under rules 14, 19, 20, or 24 in diversity actions
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