Md Civil Procedure

Front 1

What are the FIVE Bases for Personal Jurisdiction in MD?

Back 1

(1) Consent
(2) Domicile
(3) Domestic Corporations/Partnerships
(4) Presence
(5) Long Arm Statutes

Hint 1

C, D, D, C/P, LA, P

Front 2

CONSENT (Personal Jurisdiction)

Back 2

D may consent by
(1) Contract Or
(2) Registered agent for service of process in Maryland (but only for claims arising within Maryland)

Front 3

If a person is DOMICILE (PJ) in MD, he can be sued _____

Back 3

in Maryland on Any Claim by Any one, even non-MD domicilaries

Front 4

When is domicile determined?

Back 4

At the date the lawsuit commences (complaint and summons are filed)

Front 5

When does a person change their domicile to MD?
(2 elements)

Back 5

(1) takes up residence "another habitation" in MD AND
(2) Intends to remain a resident PERMANENTLY or for an UNLIMITED TIME

Front 6

How to determine intent to become MD domiciliary?

Back 6

Objective Factor test
(1) Where D Lives
(2) Votes
(3) Pays Taxes
(4) Driver's License

Front 7

Corporation is subject to personal jurisdiction of MD over ANY claim if

Back 7

(1) incorporated in MD Or
(2) Principal Place of Business in MD

Front 8

When is a Partnership subject to PJ of MD?

Back 8

Principal Place of Business in MD

Front 9

Presence gives PJ if D is present within MD and ___________ and then Person can be _________

Back 9

NATURAL PERSON, cannot be a present corporation/partnership

SERVED with PROCESS

Front 10

Three Exceptions to Presence in MD

Back 10

(1) In Md to testify
(2) to Prosecute or Defend an Action
(3) Passing Through b/c of SUBPOENA to testify in another state

Front 11

7 Long Arm Statute where activities give MD personal jurisdiction:

(1) D _____ any business or ____ any work or service in MD

(2) D ______ to supply Goods, _____, ____, or ____ _____ in MD

(3) D ____ a TORTIOUS INJURY in MD by an ____ or ______ in MD

(4) D causes a ______ _____ in the State or ____ the State by an ___ Or ____ OUTSIDE OF MD, with PLUS Factor
(a) D regularly ___ ____ in MD
(b) D derives ______ ______ from goods or services used/consumed in MD

(5) D has _____, _______, Or ______ REAL PROPERTY in MD

(6) D ____ to Insure ____ in Md

(7) Defendant in ___ ___ Case for ___ ___, _____, or ____ and P ____ in MD. Couple's domicile before ____ was MD and pmt obligation arose under ___ ____ or by _____ executed in ____

Back 11

(1) TRANSACTS or PERFORMS

(2) CONTRACTS, foods, services, or manufactured products

(3) D CAUSES tortious injury by ACT or OMISSION in maryland

(4) D causes a TORTIOUS INJURY in Md or OUTSIDE Md by a ACT or OMISSION OUTSIDE of MD where
a. D regularly DOES BUSINESS in MD
b. D derives SUBSTANTIAL REVENUE from goods/services used/consumed in Md

(5) D has INTEREST in, USE or POSSESSION of real property in Md

(6) D CONTRACTS to insure RISKS in Md

(7) DOMESTIC RELATIONS CASE for CHILD SUPPORT, ALIMONY, or ATTORNEYs FEES and plaintiff RESIDES in Md.

couple domicile before SEPARATION was Md and PMT OBLIGATION arose under MD LAW or by AGREEMENT executed in MD

Front 12

Personal Jurisdiction in Md requires ....

Back 12

5 BASES: domicile, consent, presence, long arm statute, Domestic Corporations/partnerships AND MINIMUM CONTACTs that are of FAIR PLAY and Substantial JUSTICE

Front 13

3 ways to develop MINIMUM contacts in Md (constitutional for PJ in Md)

Back 13

Contacts are PURPOSEFULLY AVAILED

FORESEEABLE (reasonably anticipated forum)

RELATED to CLAIM and FORUM

Front 14

what kind of minimum contact with state makes RELATEDNESS unnecessary? because _____ is so _____ that it has ______ presence

Back 14

CONTINUOUS and SYSTEMATIC CONTACT ....... because PRESENCE is so SUBSTANTIAL that it has PERVASIVE presence in Md

Front 15

In REM JURISDICTION is against ____ ____ by D called _____ and requires that claims be ______ to the ______

Back 15

in rem jurisdiction is against PROPERTY OWNED by D called ATTACHMENT and requires that claims be RELATED to the PROPERTY that is attached

Front 16

When can subject matter jurisdictions objections be raised?

Back 16

Sua SPonte, at ANY time, even through APPEAL

Front 17

Who can subject matter jurisdiction objections be raised by?

Back 17

PArties Or the Court

Front 18

Concurrent Jurisdiction is where ___ or ___ courts can ____ that kind of ____ called ____ Jurisdiction

Back 18

Concurrent Jurisdiction is where TWO or MORE courts can HEAR that kind of CLAIM called SHARED Jurisdiction

Front 19

CIRCUIT COURTS have EXCLUSIVE jurisdiction over cases over _____, or regardless of ____ in _____ if it is a ____ action, _____ judgment, deciding ____ of _____ property and most ____-____ actions for _______ of premises

Back 19

CIRCUIT COURTS have EXCLUSIVE jurisdiction over cases over $30,000, Or regardless of Amt in CONTROVERSY if it is a EQUITY action, DECLARATORY judgment, deciding OWNERSHIP of REAL property and most LANDLORD -TENANT actions for POSSESSION of premises

Front 20

Exclusive jurisdiction of DISTRICT Courts ______ of the ____ in controversy includes:

Back 20

regardless of the AMT in CONTROVERSY includes:
(1) REPLEVIN actions for PROPERTY,
(2) Most LANDLORD-TENANT for POSSESSION actions

Front 21

DISTRICT COURT jurisdiction over cases claiming _______ or less

Back 21

$5,000 or less exclusive to DISTRICT COURT

Front 22

Where does the case happen if there is CONCURRENT jurisdiction?

Back 22

Plaintiff Decides

Front 23

Can you AGGREGATE claims for multiple Defendants?

Back 23

NO unless sued as (1) Owners of JOINT INTEREST or (2) JOINT tortfeasors

Front 24

Aggregate claims against a single Defendant?

Back 24

YES Only if Single Plaintiff.
Claims do NOT have to be related

No aggregate by multiple Plaintiffs unless (1) Class Actions or (2) Common Interest holders

Front 25

Medical Malpractice Claims Over _____ must be submitted to ______ ______.

Back 25

Over $30,000 must be submitted to COMPULSORY ARBITRATION

Front 26

ARBITRATION Awards on Medical Malpractice Claims are

Back 26

Non-binding but admissible as evidence for REBUTTABLE PRESUMPTIONS

Front 27

Challenges to Arbitration awards in Medical Malpractice are limited to....and APPEAL to

Back 27

FRAUD in the decision
Appeal to CIRCUIT COURT

Front 28

Jury Trial GUARANTEED by Md Constitution

Back 28

Amt in Controversy over $10,000, goes to Circuit Courts

Front 29

When must Defendant respond to complaint to move to JURY Trial

Back 29

WITHIN 30 days of notice by motion or (new) answer

Front 30

When must D object to VENUE

Back 30

within PRELIMINARY MOTION, otherwise WAIVED
(burden of proof on D)

Front 31

If VENUE is IMPROPER, Court can

Back 31

(1) Dismiss
(2) Transfer to Ct with venue if in the interest of Substantial Justice

Front 32

VENUE for PROPERTY must be in COUNTY property is in for 4 Actions...

Back 32

(1) Waste
(2) Mortgage Foreclosure
(3) Partition
(4) Trespass to LAND