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38 Cards in this Set

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Fed. Constitutional Personal Jurisdiction
International Shoe: minimum contacts and does not offend traditional notions of fair play and substantial justice.
Personal Jurisdiction of Fed Court
Fed Ct. uses longarm statute of the state, consent, domicile, service in the forum state
Nature of a Corporations Contact with the forum state
The contact must be initiated by the corporation. A resident initiating a purchase from out of state company is not enough for the 1 transaction element of VAs long arm statute.
SMJ
Fed Ct. has original jurisdiction when there is Federal Question or Diversity jurisdiction
Federal Question
Federal Courts have original jurisdiction over all civil actions arising under the constitution, laws, and treaties of the United States.
Supplemental Jurisdiction Definition
When the Federal Ct. has SMJ and the case also contains claims that do not belong in the Fed Ct. it can exercise supplemental jurisdiction.
Supplemental Jurisdiction Elements
Some of the claims fall under SMJ and some claims do not. If the claims arise under the same case or controversy the court can excercise jurisdiction over all the claims.
Removal
If a plaintiff brought suit in state court but could have brought it in federal court the defendant can make a motion to remove it.
Removal Exception
If multiple and defendants and they move for removal but one defendant lives in forum state it cannot be removed.
Removal and multiple defendants
All defendants must agree to remove the case.
Removal Time Limit
File motion within 30 days of service
Plaintiffs recourse for removal
Motion for remand: file within 30 days of removal notice
Burden of proof for Remand
BOP on Defendant
Writ of Habeas Corpus
Only question before court is whether confinement is in violation of Const. Rights
Const. Grounds for Habeas Corpus
Violation of:
Due Process
Right of Self incrimination
Double Jeapardy
Cruel/unusual punishment
Limits on Habeas Corpus
1. Must exhaust all state remedies
2. Timing: Must be brought within one year of final judgement of custody
Territorial Limits of Federal Court
Territorial jurisd.
Some Cts have nationwide
100 mile bulge
Personal Jurisdiction of Fed Ct within the state
1. In Personam: domicile or service.
2. Consent: express or implied
3. Contacts
4.Specific Jurisd:
-Long arm statute
-Minimum Contacts
VA Long Arm Statute
A court may exercise Pers. Jurisd. over a person who acts directly or through an agent as to a COA arising from:
1. transacting any business
2. contracting to supply services
3. Causing tortious injury
4. Causing injury to any person by breach of warranty
5. Having or possessing RP in VA.
6. Contracting to insure
7. Incurring Liability for Taxes in the state
In Rem Jurisdiction
In Rem Jurisdiction is based on the interests of a particular piece of property located in the forum state.
-Prerequisites:
1. real or personal property of value
2. property located in forum state
3. Court must sieze the item
4. owner must have received notice
Quasi In Rem Jurisdiction
Property in the forum state is attached to law suit as part of relief for a COA that does not directly involve the property.
Quasi In Rem Elements
1. Real or personal Property of value
2.Property is located in the forum state
3. Defendant owns the property
4. Property is attached or seized
5. Defendant has proper notice
Types of Personal Jurisdiction under Fed. Civ Pro
In personam
In rem
Quasi In rem
Venue
Venue is the federal court in which an action is filed. It is based primarily on the subject matter.
Venue for Diversity Cases
1. District court where Defendant resides

2. District court where substantial portion of events occurred.
Venue in Fed. Question Jurisdiction
1. Where any defendant resides
2. Where substantial portion of events occurred
3. Where any defendant may be found
Venue and Consent
Party may consent to venue
Venue and Waiver
If party fails to raise his objection he waives it and is deemed to have accepted venue.
Venue addressed by Court
Court may raise issue of Venue Sua Sponte
Residency Determination of Companies
1. any district where business would be subject to personal jurisdiction
2. any district where there are minimum contacts
3. The district where the company has the most significant contacts if the business has a sufficient amount of contacts all over the state.
unlawful entry or Detainer
1. Unlawful Entry: Defendant remains in possesion after permission ends. Plaintiff files motion for judgment in circuit court alleging def. unlawfully witholds property.

2. Detainer: Plaintiff alleges def. has withheld possession to magistrate, clerk or GDC and they issue a summons for def. to come to GDC to hear the case. The summons must be served 10 days prior to hearing.
ejectment
1.Person who has been wrongfully removed from property seeks to regain possession.
partition
1.Co owners or person with power to sell may compell the sale of real property by a partition action.
Court with equity jurisdiciton has power to hear case
Property divided by:
-buyout
-legal separation (sub divide)
-sale and split proceeds
detinue
1.Personal property is wrongfully held by def. Detinue action seeks courts permission for sheriff to sieze the property. This is an Ex Parte order.
>Plaintiff must show:
1. kind, quantity and value of property sought
2. Reasonable cause to believe that the property will be sold, removed or otherwise disposed of if it remains with def.
3. basis of claim of entitlement is given with certainty and def. has reasonable notice of nature, and particulars of claim.

>Plaintiff must post bond

>Court must hear the case within 30 daya of issuance of siezure order.
quo warranto
action used t determine authority by which a public office is held.
>use writ for:
-corporations misuse of privileges and franchises
-when corporations charter acquired by fraud
-to recover a privilege or franchise not conferred upon it by law
Prejudgment Attachment
Prejudgment Attachment of property:
-must file petition with court
-petition must state acceptable ground for attachment.
>Acceptable Grounds:
-def. is nonres and about to leave VA
-def is about to remove property from VA which leaves plaintiff without source to satisfy judgment
-def is converting or about to convert property into a source that will hinder or delay action by creditors
-Hide assets
When COA accrues
Accrues from date of injury or damage occurs or
hen breach occurs
Relation Back Doctrine
An amended pleading relates back to date of COA