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30 Cards in this Set

  • Front
  • Back
What is in personam jurisdiction
PJ b/c D has contact with forum or causes an effect in the forum
Two step process for PJ
1. Satisfy a statute (long arm)
2. Constitution (due process) must be satisfied
GA statutory bases of In Personam Jdxn
1. Presence in GA when served with process (general jdxn)
2. Domicile in GA when served (general jdxn)
3. Long Arm
GA long-arm
-To sue non-residents when case filed
-specific jdxn (D caused something in GA)
What triggers the GA long arm
(What must claim arise from)
1. D transacts any business in GA (does not include ads in national magazine, mail or phone contact)
2. Commits tortuous act or omission (except defamation) in GA (apply broadly in PI)
3. Commits a tortuous act or ommission out of state that injures P in GA (persistent course of conduct in GA or derives substantial revenues from goods consumed here)
4. Owns, uses, or possesses real property in GA
5. Domestic relations
Nonresident Motorist Act
Sue D that was a nonresident when claim arose
--Specific jdxn for claims arising out of any accident or collision involving nr's use or ownership of vehicle in GA
Constitutional Standard for exercising PJ
International Shoe
-does D have such minimum contacts with the forum so the exercise of jdxn does not offend the traditional notions of fair play and substantial justice
Factors in Minimum Contacts analysis
1. Contact--purposeful availment, foreseeable that D could get sued in forum
2. Fairness--relatedness btwn. contact and claim, convenience (ok unless puts D at severe disadvantage), State's interest in providing forum for its citizens
My Parents Frequently Forgot to Read Children's Stories

Constitutional Test for PJ
M-minimum contacts
P-purposefule availment
F-fair play and substantial justice
R-relatedness of contact and claim
S-State's interest
What cases are heard in superior court
1. Felony criminal cases (exclusive jdxn)
2. Big 3 civil cases
-claims directly affecting title to land
-divorce cases
-claims for affirmative equitable relef
3. Any other civil case unless a specialized subject matter
What can a state court hear
Anything superior court can except the Big 3
What claims are heard in magistrate court
Anything state court can hear if amount in controversy does not exceed 15k
-No jury trial
What are local actions
P asserting her own title to land, not trying to get title
--venue in county where land lies
What are transitory actions
All cases except local actions
--Must be tried in county where D resides when the case is filed
JLE (joint liability exception) to venue
If there are joint Ds then venue is proper in the county in which any of them resides when the case is filed
Where is venue proper for a corporation
-Where its registered office is
-In K case, where K was made or to be performed if it has an office and transacts business there
-In tort case in the county where the cause of action arose if it has an office and transacts business there
Where is venue proper for a nonresident
-Where served with process
-Under long arm, where substantial part of COA arose
-In county where GA co-D resides
-Under NR motorist 1. where accident occured, 2. where P resides
Who may serve process in GA
1. Sheriff or deputy
2. Civilian nonparty 18+ who is specially appointed by the court
3. Civilian appointed by teh court as a permanent process server
How do you serve process on a corporation
1. Registered agent
2. President or other officer, secretary or cashier
3. Managing agent
4. Some other agent
5. Serve two copies on secretary of state if can't find an agent
What must a GA complaint include
SMJ, short and plain statement of claim, facts on which venue is based
--For malpractice must attach affidavit of expert
State Rule 11
Applies only to pleadings and says nothing about sanctions.
If not signed, court can strike pleading or allow amendment
How long do you have to file a defensive pleading
30 days (count all the days)
-AOR and contributory negligence need not be pleaded as affirmative defenses
GA rule 12 motions
Do not suspend time for filing an answer
Amendment changing a party
Amendment changing a D after SOL will relate back if:
1. Amendment concerns same T/O as original
2. new party knew of the action in the proper period (GA-before SOL runs; Fed-within 120 days of filing)
3. New party knew that but for a mistake, it would have ben named as D originally
What is SOL for medical malpractice
2 years from injury but never more than 5 years from negligence (ultimate repose)
How does a D raise SOL defense
Affirmative defense, put it in your answer.
-could be basis for MSJ
How many ROGS can you serve in GA
50 including subparts without leave of court
How many depositions can you take
No limit
Whan can a P voluntarily dismiss a case
Once without prejudice before first W is sworn at trial
--If counterclaim pending can't dismiss if D objects unless CC can stand on its own
When is a case automatically dismissed
If not written order is filed in a case for five years