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10 Cards in this Set

  • Front
  • Back
in personam via Pennoyer
If resident of the state, or can serve in person w/in the state or if he voluntarily consents
-Pennoyer old rule
In rem via Pennoyer
D must attach land at the time of the lawsuit is started and property must be properly attached, notice through publication
-Pennoyer old rule
quasi in rem
property not the subject of the suit but is used to satisfy the judgement and must be properly attached
true in rem
property is the subject matter of the litigation
International Shoe rule
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
4 factors in assessing minimum contatcs
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
Shafer's in Modern rem jurisdiction
Only have in rem jurisdiction if you have in personam per miniumum contacts or specific juridiction because propety is subject of suit
Specific Jurisdiction
Can be sued in state matters arising out of or related to activties in the state.
WWVW limit on minimum contacts
Foreseeability alone is not sufficient.D conduct must purposefully avail themeselves to the forum state so they can reasonably anticipate going to court there
Stream of Commerce
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