Wa Bar Exam Civil Procedure Flashcards

Front 1

What is personal jurisdiction?

Back 1

The court’s power over the D. It is necessary for the court to render a valid, binding judgment. Both federal constitutional requirements and WA statutory requirements must be met.

Front 2

What are the four ways federal constitutional requirements can be met for personal jurisdiction?

Back 2

Federal requirements can be satisfied by:
1. the D’s consent, either implied (failure to raise lack of PJ) or express (forum selection)
2. domicile (residence and intent to remain)
3. physical presence (transient jurisdiction, in which service of process in WA upon a nonresident is generally enough unless there’s force or fraud); OR
4. minimum contacts.

Front 3

What is the minimum contacts test?

Back 3

Minimum contacts must be sufficient enough to show purposeful availment and foreseeability; those will be balanced against fairness/reasonableness ( having jurisdiction over D must not offend traditional notions of fair play and substantial justice).

Front 4

How can a court find jurisdiction under WA's statutory requirements?

Back 4

b. WA statutory authorization asserts jurisdiction through the persons/property being in WA or through WA’s long arm statute.

Front 5

What kind of acts give rise to causes of action that satisfy the WA long arm statute?

Back 5

WA long arm statute provides for jurisdiction over out-of-state defendants provided that the cause of action arises from 1) transaction of any business in WA, 2) commission of a tortious act in WA, 3) ownership, use, or possession of property in WA, 4) contracting to insure a person/property in WA, 5) intercourse in WA that produces a child or 5) living in marital relationship in WA.