Civil Procedure

Front 1

Define Standing

Back 1

A person only has standing if they can claim that they, personally, have been injured.

Front 2

Define Capacity

Back 2

A person has capacity if they are recognized by the courts as having the ability to bring a suit.

Front 3

Specific personal jurisdiction:

Back 3

The courts have specific personal jurisdiction if the jurisdiction arises out of the claim.

Front 4

General personal jurisdiction:

Back 4

The courts have general personal jurisdiction when they can exercise jurisdiction regardless of whether the jurisdiction arises out of the claim or not.

Front 5

What is the Minimum Contact Rule

Back 5

“Due process requires only that in order to subject a defendant to a judgment in personam, if that defendant is not present within the territory of the forum, the defendant have certain MINIMUM CONTACTS with the forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.”

Front 6

Under common Law how is personal jurisdiction defined?

Back 6

1. Domicile or citizenship in the state
2. Physical presence in the state at the time jurisdiction is asserted
3. Consent to permit the state to exercise jurisdiction

Front 7

What is a long arm statute?

Back 7

A law passed by the legislature that is a way of defining the length of the jurisdiction of the courts.

Front 8

How do you analyze a long arm statute issue?

Back 8

1.Determine if defendant falls within the actual statute.
2.Determine if the statute is constitutional.

Front 9

What are 5 factors in determining whether it is fair and reasonable to exercise jurisdiction on a defendant?

Back 9

1.The burden on defendant of suit in forum
2.Forum state has interest in adjudicating dispute
3.Serves plaintiff’s interest in obtaining convenient and effective relief
4.Serves judicial system’s interest in the most efficient resolution
5.Furthers shared state interest in fundamental substantive social policies.

Front 10

Purposeful availment and requirements of a defendant are:

Back 10

The forum does not have to be the best place for trial. A state may exercise jurisdiction if it not constitutionally inconvenient.

Once purposeful availment has been established, the forum’s exercise of personal jurisdiction over the defendant is presumptively reasonable. The burden regarding fairness is on the defendant.

The defendant must show that a requirement that it litigate in the forum is so gravely difficult and inconvenient that the defendant is at a severe disadvantage in the litigation.

Front 11

Specific personal jurisdiction:

Back 11

The state has jurisdiction over
the defendant only for a claim
that arose in the forum.

Front 12

General personal jurisdiction can be exercised when:

Back 12

1.Citizenship
2.Present in state while properly served
3.Continuous and systematic contact with the state. Not continuous or systematic. Must have both.

Front 13

Two situations where general jurisdiction will always be permitted:

Back 13

1.When the defendant is a citizen of the forum state.
2.When a company tries to do business in every state.

Front 14

1. In Rem:

2. Quasi In Rem:

Back 14

1. At common law if one leaves property in the forum state the state can exercise personal jurisdiction over you by attaching the property.

2. At common law the property was not at issue there was some other claim and the property is taken in order to exercise personal jurisdiction over the person.

Front 15

How far can the jurisdiction of a federal court reach?

Back 15

The reach of the courts of a federal court within a state will be no greater than that of the State court in the absence of a congressional statute.

If fraud is committed anywhere in the country the Plaintiff can bring a suit in any federal court in any state.