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15 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Pleadings:
The Complaint? |
Rules: 3, 7a, 8a, 9, 11
Code: Statement of Facts Notice: Short and Plain statement |
Fraud Cost Jac
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Pleadings:
The Answer? Amending? |
-Rules: 12 (1-7) Motions to Dismiss, 8 (b) (c) Affirmative Defenses, 11, 13a
-15 Supplemental Pleadings Seek to add a party or claim, pre-trial can, during trial evidence, change D when same T/O, not be prejudice, within statutory period. |
TONS
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Service of Process:
How to serve? |
-Reasonable Notice
-Timely Opportunity to Defend -Reasonable Service -Rule 4 (c) (e) (k) -Must be reasonably calculated -File a return -Can't induce someone to the jurisdiction |
TORNS
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Test for Personal Jurisdiction?
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-Long-arm Statute
*Due Process permits or *Specific -Timely Notice *Rule 4 -Minimum Contacts *continual and systematic Contacts *Availed themselves to the forum *Contract=Contact -Fair to sue D there? *State has an interest *Best place to be *D can foresee the suit there |
TiN SLaM
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Test for Quasi in Rem?
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Propert from the Outset?
Property instate? Minimum Contacts? -International Shoe applies to Quasi in Rem |
PO SiC
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It is a Personal Jurisdiction Case when?
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Served outside of the state
State has no interest |
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Traditional Basis for Personal Jurisdiction?
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-Service of process
-Agent -Domicile -Consent |
PAD Consent
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What happens if you make a product in State A that defaults in State B? Where did the injury occur?
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-Brennan: In the stream of commerce, so foreseeable
-O'Conner: Foresee, or Intent to go into those states |
2 opinions
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Does service in the state overrule minimum contacts?
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Yes, Scalia (Burnam)
No, Brennan: Need to apply international Shoe-Minimum Contacts, fair play and substantial justice. |
4 basis
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Test for Subject-Matter Jurisdiction?
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-Diversity 1332: CA-Complete Diversity, Amount in Controversy over 75
-Federal Question 1331: LEsseR Law Constitutional or Statutory, Essential, Remedy (Only look at Plaintiff's complaint) |
CA, LEsseR
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What is Domicile?
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Physical Presence
Intent to make permanent Home. |
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What is Supplemental Jurisdiction?
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Add to SMJ:
-Pendant Jurisdiction: State Claim is dePENDANT on federal claim *Same T/O or nucleus of fact *Federal Question the body of the case -Ancillary Jurisdiction: Non-Diverse parties, inject claim w/o SMJ by cross-claim, counter-claim, 3rd party complain -Adding non-diverse parties, Original Plaintiff can't, D can, Exception: if against US |
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Federal Court can Dismiss Supplemental Jurisdiction when?
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1) Novel or Complex State law
2) State claim too big 3) All claims with SMJ were dismissed. |
SBC Dismiss
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How does a Defendant accomplish Removal?
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1441, 1446, 1447
-Can't remove from federal court, only Remand. -Only D's can remove -Must remove w/in 30 days of service -No removal after year in state court |
14s
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Challenging Forum Selection?
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-make a special or limited appearance
*usually don't waive other defenses *In CA do waive other defenses *Federal Court don't waive |
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