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41 Cards in this Set

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Personal Jurisdiction: What is it?
Personal Jurisdiction is the power of a court to exercise its power over a given person or item
What are the two types of PJ?
General & Specific
Define General Jurisdiction and provide the rule
General Jurisdiction arises where a party has such an enduring relationship to the forum state such that he is fairly brought to court there even for items that occured out of state
What does it mean for diversity jurisdiction if a party is a US citizen living abroad?
They are NOT an alien!! If P is SC and D lives in Germany, parties are NOT diverse
When is citizenship determined for purposes of diversity jurisdiction?
Time of INCIDENT not of filing
How do you determine citizenship of a corporation in SC?
PPB and State of Incorporation
Removal: If there are multiple defendants, what is the rule?
They ALL have to agree to remove
WIth respect to the Erie doctrine, what are the three factors of analysis with regard to whether a rule is substantive or procedural?
Is it outcome determinitive?
Balance of Interests
Does it encourage forum shopping?
Venue: What is the SC Rule and how is it different from the Federal Rule?
See outline
Venue is determined by what?
Is it broader or narrower than citizenship?
Residency
Broader
Define Forum Non Conveniens
A court will transfer the case to another jurisdiction if, despite that venue is proper, it is in the best interests of justice. e.g. witnesses all live in another county, etc
Define Joinder
A party may join another party as long as their claims arise out of the same
transaction or occurrence and give rise to a common question of law or fact
Are joint tortfeasers necessary parties?
No
When are you not allowed to serve process on someone in SC?
If they're going to church
How do you compute time under the SC rules?
If it says 30 days from monday, then you take tuesday as day one, count up to 30, if thats a sat sun or holiday go to next day
Interrogatories:
What is the rule in state court?
You get the 7 standard ones, in order to get special ones, case must be 25k plus and you only get one set w/ 50 questions
Rule 35: Doctor Examination
What does it say and how is it different than Federal Rule?
100k plus, examined party can have own doctor, in county of examined
For purposes of statutes of limitations, when is a summons & complaint deemed filed?
When it is either filed with the clerk or served on the defendant. If it is filed w/ clerk first, it is deemed filed on that date if service occurs w/ in 120 days
What are the bases for personal jurisdiction under the SC long arm statute?
1. transacting business in sc
2. entering into contract to be performed in whole or in part in sc
3. making or distributing goods in sc so long as use here is reasonably expected
4. causing injury by tort even outside state if regularly solicit business or derives substantial revenue
5. interest in real property
6. insuring sc risk
If Defendant owns real property here, can he be sued on unrelated claim?
maybe
what does a forum selection clause do?
forum selection clauses do not vary the remedies available to sc plaintiffs
Define Impleader. Differentiate it from Interpleader.
Impleader enables a defendant the right to implead another party who may be liable for part or all of the claim.
What is Rule 20?
Joinder of Parties
How many different grounds for personal jurisdiction are there under the SC long arm statute?
8
What are the grounds for personal jurisdiction under the SC long arm statute?
1. transacting any business in sc
2. contracting to supply goods or services in sc
3. committing tort in sc
4. causing injury or death by act or omission out of state if regularly transacts business or derives sub revenue from state
5. having real property
6. contracting to insure sc risk
7. entering into k to be performed in sc
8. production, manufacture, or distribution of goods reasonably forseeable to make it to sc
General Jurisdiction: What is the buzz-phrase and define it.
"enduring relationship"
means domiciled in, organized under laws of, doing business, or maintaining ppb in SC.
"doing business" is the problem child
With respect to a defendant who is not domiciled here but "doing business" here, how will the court analyze whether pj is proper?
two prong test:
traditional minimum contacts branch and fair play and substantial justice branch
What is the standard for granting a party's motion for judgment on the pleadings? what rule is it?
Rule 12(c). If matters outside the pleadings are entertained by the court then it's same standard as summary judgment.
how old do you have to be to serve a summons?
18
when is venue calculated? that is, what happens if a defendant moves?
venue is determined based on the time the cause of action AROSE
where is venue proper when it is resident individual defendant?
county where most substantial part of action arose, or where defendant resides
venue for nonresident individual defendant
action arose or county where P resides
when both a resident and nonresident are sued, where is venue proper?
defendant
Default Judgment: what is the process, and what rule?
2 steps. Rule 55 says, step one is clerk enters entry of default on book, then party makes motion, 3 days notice, then hearing, then court enters judgment
Setting aside default--how? what rules?
if after clerk enters default but before court enters judgment, rule 55(c), standard is "for good cause", if after judgment then rule 60(b), must show meritorious defense and excusable neglect
prejudgment interest
yes, specifically pled
what does a verified pleading mean?
testified to under oath
what if you want out as counsel?
rule 11 sez need leave of court
time: how long to respond to complaint in state court? federal?
30 days/20 days
amending the complaint
as of right any time before or within 30 days after a responsive pleading is filed
how long to respond to amended complaint
15 days