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15 Cards in this Set

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  • Back
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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
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
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
Test for Personal Jurisdiction?
-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
Test for Quasi in Rem?
Propert from the Outset?
Property instate?
Minimum Contacts?
-International Shoe applies to Quasi in Rem
PO SiC
It is a Personal Jurisdiction Case when?
Served outside of the state
State has no interest
Traditional Basis for Personal Jurisdiction?
-Service of process
-Agent
-Domicile
-Consent
PAD Consent
What happens if you make a product in State A that defaults in State B? Where did the injury occur?
-Brennan: In the stream of commerce, so foreseeable
-O'Conner: Foresee, or Intent to go into those states
2 opinions
Does service in the state overrule minimum contacts?
Yes, Scalia (Burnam)
No, Brennan: Need to apply international Shoe-Minimum Contacts, fair play and substantial justice.
4 basis
Test for Subject-Matter Jurisdiction?
-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
What is Domicile?
Physical Presence
Intent to make permanent Home.
What is Supplemental Jurisdiction?
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
Federal Court can Dismiss Supplemental Jurisdiction when?
1) Novel or Complex State law
2) State claim too big
3) All claims with SMJ were dismissed.
SBC Dismiss
How does a Defendant accomplish Removal?
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
Challenging Forum Selection?
-make a special or limited appearance
*usually don't waive other defenses
*In CA do waive other defenses
*Federal Court don't waive