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24 Cards in this Set
- Front
- Back
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What are the statutory bases for PJ in MD?
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Consent
Domicile Presence Long-Arm |
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When does consent give PJ over a D in MD?
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Forum selection clause is enforceable unless:
Induced by fraud Very unfair or inconvenient for D Would contravene a strong PP in MD Can also be by appointing a registered agent for service of process in MD |
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When does domicile give PJ over a D in MD?
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Natural person's domicile:
Where person actually takes up residence AND intends to remina a resident permanently or at least for an unlimited time Corporations: if incorporated in MD or principal place of business is in MD Partnership: if principal place of business is in MD NOTE: domicile is determined at time suit is filed |
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When does presence give PJ over a D in MD?
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Anytime D is in MD and served with proceess UNLESS he's there to testify/prosecute/defend and action OR he's passing through to testify in another state pursuant to a subpoena
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When does a long-arm statute give PJ over a D in MD?
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D transacts any business or performs any work or service in MD
D contracts to supply goods, foods, services, manufactured products in MD (contract claim related to MD) D causes tortious injury in MD by an act or omission in MD D causes tortious injury in or outside MD by an act or omission outside MD IF Plus factor is satisfied: D regularly does business in MD OR D derives substantial revenue from goods or services used or consumed in MD D has an interest in, uses, or possesses real property in MD D contracts to insure risks in MD D is a D in a domestic relations case for child support, alimony, or attorney's fees and P resides in MD Couple's domicile immediately before separation was in MD AND Payment obligation arose under MD law or an agreement executed by one of the parties in MD |
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What is the constitutional test for PJ?
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Does D have minimum contacts with MD?
Purposeful availment (reach out voluntarily)? Foreseeability (reasonably anticipate you would get sued? Is it fair to adjudicate in MD? Relatedness: between claim and D's contact in MD Convenience: grossly unfair? State's interest in providing forum for citizens |
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What is the amount in controversy requirement for the district and circuit courts?
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$5K or less: generally district court
Between $5K and $30K: concurrent jurisdiction Over $30K: generally circuit court Counterclaim over $30K where underlying claim is in district court: file in circuit court and request stay of district court proceedigns Medmal claims over $30K: first must go to compulsory arbitration; must file certificate by a medical expert attesting to D's departure from standard of care, D can then file counter-certificate |
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When can a P aggregate claims?
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Multiple claims against one D
NOT multiple Ds unless joint property holders Multiple Ps can't aggregate unless seeking to enforce a judgment in which they have a common, undivided interest or it's s class action |
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When does the district court have exclusive jurisdiction?
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Replevin actions to recover property
L/T actions for possession |
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When does the circuit court have exclusive jurisdiction?
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Most equity actions
Declaratory judgments Actions to decide ownership of property Domestic relations cases Dishonored checks over $25K Action for $ seized by the govt for alleged drug/gambling offense if over $20K Occupational health/safety claims over $20K |
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When do the circuit and district courts have concurrent jurisdiction?
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Injunction by T under rent escrow laws
Injunction to enjoin illegal drug nuisance Admin actions Domestic violence |
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Where is venue proper for transitory actions?
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Venue from D's location
Individual: county where D resides, carries on regular business, is employed, or habitually engages in vocation Corporation: where it maintains its principal in state offices or carries on regular business Non-residential individual: any county in MD Out of state corporation: where P resides Multiple Ds: where venue is proper for all Ds; if no common venue, where any one D could be sued or where the cause of action arose Additional venues depending on type of action Negligence: where cause of action arose Replevin: where at least part of property is located Divorce: where P resides Annulment: where P resides and location of marriage ceremony Child custody or support: where father, mother, or child resides |
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On whom can process be served?
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D (or agent) or if at D's dwelling or usual place of abode, a person of suitable age and discretion who resides there
Corporation: resident agent or president, secretary, or treasurer If good faith efforts are unsuccessful: manager, director, VP, assistant secretary, or assistant treasurer, or anyone impliedly authorized to receive service Partnership: any general partner Unincorporated association: any officer or board member; if none, serve an association member |
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Who can make service of process?
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sheriff or any adult 18 or over not a party
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When must process be served?
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summons + complaint must be served within 60 days of issuance or become dormant
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When is a party necessary and indispensible?
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Necessary if:
Without party, court couldn't accord complete relief (would be requiring someone outside the lawsuit to do something) Without party, disposition may impair absentee's ability to protect an interest OR Without party, disposition may leave the existing parties subject to incurring multiple or inconsistent obligations If necessary and can't be joined for lack of PJ, court can decide if he's indispensible: No: Go on without absentee or Yes: Dismiss |
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When is joinder of parties permissible?
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Claims arise out of same transaction or occurrence AND
Share a common question of law or fact |
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When do claims have to be transactionally related?
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P's claims against one D need not be transactionally related but against multiple Ds must be
D's counterclaims need not be transactionally related Crossclaims must be transactionally related |
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What is impleader?
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Third party D in a vicarious liability situation for indemnity/contribution
Party must file a 3d party complaint, serve process within 30 days of serving answer Once joined, TPD can raise defenses against P, claims against P if arise from same transaction or occurrence P must assert all claims against TPD that arise from same transaction or occurrence or lose them |
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What is interpleader?
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Where someone holding $ can force potential claimants into single suit
Stakeholder deposits property in court, gets its costs, disappears; claimants fight it out |
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What are the requirements for a class action?
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Must certify as to
Numerosity Commonality Typicality Adequacy Class must fit into one of three types Prejudice: class treatment necessary to avoid harm to class members Injunction or declaratory judgment Common questions of law or fact Class rep must give notice to all class members reasonably identifiable |
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What is intervention?
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As a right: right by law or disposition may impair absentee's ability to protect an interest
Permissive: absentee's claim has question of law or fact in common |
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How do you prove res judicata?
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Same parties or in privity: where party has such identical interest in the matter that he represents the legal rights of both
Final judgment on the merits: includes default judgment; not voluntary dismissal or judgments without prejudice Same cause of action: all claims that could have been litigated based on the same transaction (same time) |
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How do you prove collateral estoppel?
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Same issue
Issue was actually litigated and determined (look for adversarial factfinding like discovery; not settlement, default judgment) Issue was essential to the first judgment (special verdict; not dicta) Asserted against someone who was party to the prior suit or in privity Asserted by Party to the prior case New party Nonmutual defensive collateral estoppel: party defending against a claim is trying to block claimant who previously lost on the issue; allowed if party against whom it is asserted had full and fair chance to litigate the issue Nonmutual offensive collateral estoppel: party bringing claim is trying to impose liability on party who lost on issue earlier; court will use discretion Victim of estoppel had full and fair opportunity to litigate New claimant didn't wait in the wings to get windfall No inconsistent judgments on the books |
