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10 Cards in this Set
- Front
- Back
in personam via Pennoyer
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If resident of the state, or can serve in person w/in the state or if he voluntarily consents
-Pennoyer old rule |
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In rem via Pennoyer
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D must attach land at the time of the lawsuit is started and property must be properly attached, notice through publication
-Pennoyer old rule |
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quasi in rem
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property not the subject of the suit but is used to satisfy the judgement and must be properly attached
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true in rem
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property is the subject matter of the litigation
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International Shoe rule
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To subject D in personam if not present in forum state: need minimum contatcts and maintenance of the suit does not offend traditional notions of fair play and substantial justice
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4 factors in assessing minimum contatcs
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1. Presence in the state
2. Systematic and continous activties within state 3. enjoys the benefit and protection of state laws 4. Whether it is reasonable to expect D to defend itself in that state |
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Shafer's in Modern rem jurisdiction
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Only have in rem jurisdiction if you have in personam per miniumum contacts or specific juridiction because propety is subject of suit
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Specific Jurisdiction
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Can be sued in state matters arising out of or related to activties in the state.
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WWVW limit on minimum contacts
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Foreseeability alone is not sufficient.D conduct must purposefully avail themeselves to the forum state so they can reasonably anticipate going to court there
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Stream of Commerce
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Split on whether it satisfies minimun contacts
1. Yes if D purposefully directed conduct towards forum state 2. Yes and it is reasonable by itself |