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14 Cards in this Set
- Front
- Back
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What is the definition of Personal Jurisdiction?
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PJ is the power of the court over Defendants' person or property
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What two things are required for PJ?
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1. The law of the forum must itself grant PJ. 2. The law of the forum must constitutional |
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What forum law does a federal court use?
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The forum of the state in which it sits.
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What are the three bases for PJ?
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1. Consent 2. Presence 3. Long-Arm Statute |
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What are the two forms of consent?
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1. Express 2. Implied |
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What is Express Consent for PJ?
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Any verbal expression of consent, including a forum selection clause in a contract.
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What is Implied Consent for PJ? |
- Defendant does something by virtue of its conduct - - ONLY WAY IT SHOWS UP - Defendant fails to object to PJ in a timely manner. |
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How long does a Defendant have to respond to a complaint? (2) |
1. 21 days from service 2. 60 days if they waive service |
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What are the three forms of Presence for PJ?
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1. Actual 2. Domicile 3. Doing Business |
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What are the four elements of Actual Presence for PJ?
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1. Actual, 2. voluntary, 3. physical presence of a D in the state 4. while served with process. |
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What are the three elements of Doing Business for PJ?
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1. regular. 2. systematic and 3. continuous in state business. - Must be "at home" in the forum state. |
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What is required for a Long Arm Statute be used for PJ? (3) |
1. There is a Long Arm Statute in the forum state 2. Defendant does an act in forum state from which the lawsuit derives 3. There must be a specific connection between the act and the lawsuit filed. |
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When will the law of a Forum be constitutional as to assert PJ Generally? (2)
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Defendant engaged in such (1) minimum contacts that it would not be (2) unfair to make it defend a lawsuit in the forum state. |
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What are the two things that will satisfy the constitutionality test for PJ?
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Defendant has: 1. purposefully availed itself of the benefits of the forum state; OR 2. targeted consumers in the forum state. |
