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31 Cards in this Set
- Front
- Back
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7 sections for Civil Procedure |
Personal Jurisdiction Subject Matter Venue & Choice of Law Joinder of Claims/Parties Pretrial & Discovery Trial Final Judgment, Appellate Review & Effect on Future Cases |
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Personal Jurisdiction |
What state has the power to call the defendant into court |
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Types of Personal Jurisdiction |
In Personam In Rem Quasi In Rem
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In Personam Personal Jurisdiction |
Court's Power over the person Entitled to Full Faith and Credit |
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In Rem Personal Jurisdiction |
Courts Power over Real Property within the state Property located in the state is enough to give the court personal jurisdiction over everyone who has rights in that property |
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Quasi In Rem Personal Jurisdiction |
Courts Jurisdiction over a particular person based on the rights that person has in a piece of property within the state
Does not concern the property itself
Is an alternative method of finding jurisdiction over the person |
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Traditional Tests for Personal Jurisdiction |
Statutory based on domicile, consent and presence |
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Personal Jurisdiction by Presence |
Presence in the state at the time of personal service
Transient Presence is enough
Exception - Tricked or Forced into the state |
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Personal Jurisdiction by Domicile |
Permanent home of the defendant is in the state |
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Personal Jurisdiction by Express Consent |
Voluntary Appearance
Contractual Agreement |
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Long Arm Statutes |
Implied Consent Deals with the specific method a state may exercise personal jurisdiction over the defendant
Does the particular Statute reach the defendant |
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Modern Tests for Personal Jurisdiction |
Does it exceed constitutional limitations |
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If a long arm statute reaches the defendant is it consistent with due process |
Defendant must have certain Minimum Contacts with the state
Would the suit offend traditional notions of fair play and substantial justice |
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Minimum contacts |
Relevant connection between the defendant and the state
Purposeful Availment AND Foreseeability |
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Purposeful Availment |
Did the defendant voluntarily reach out to the state availing himself of he benefits and protections of the state
Accidental Contacts are not sufficient |
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Foreseeability |
Is it foreseeable that the defendant would be sued in the state |
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Relatedness of Contact and Claim |
Related Unrelated |
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Fair Play & Substantial Justice |
Relatedness of Contact and Claim Reasonableness of Jurisdiction
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Claim Related to Contact |
Specific Personal Jurisdiction Court will likely find personal Jurisdiction Defendant may not have continuous and systematic contacts with the state |
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Claim Unrelated to Contact |
General Personal Jurisdiction Threshold for minimum contacts higher Systematic & Continuous contacts
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Systematic & Continuous Contacts |
Domicile Incorporation Pincipal Place of Business |
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Reasonableness of Jurisdiction |
Burden on the Defendant plaintiff's interest in Obtaining Relief Interest of the Forum State |
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Burden on the Defendant |
the Burden is on the Defendant to show that the forum is unconstitutional |
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Plaintiff's interest in obtaining relief |
Would the plaintiff be able to obtain relief in another forum |
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Interest of the forum state |
Interest of the state in providing a forum for its residents and protecting their health and safety |
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Notice |
Must be given to Defendant by Reasonable Method
Defendant must have opportunity to appear and be heard |
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Personal Jurisdiction and the Internet |
Sliding Scale Test |
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Active Website conducting business over the internet |
General Jurisdiction
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Interactive Websites |
Personal Availmemt |
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How is interactiveness of a website mesured |
Examination of the website's features and intended users. Is it designed to facilitate or conduct business |
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Passive Website |
Not sufficient Contacts |
