Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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-foreseeability F-fair play and substantial justice R-relatedness of contact and claim C-convenience 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
|
