Civ Pro 1

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Author:
mbdavis707
ID:
289717
Filename:
Civ Pro 1
Updated:
2014-11-21 17:38:34
Tags:
Civ Pro
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Description:
Civ Pro 1
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  1. Personal Jurisdiction
    Power of a court to require D from outside of state to defend a lawsuit in that state
  2. Subject Matter Jurisdiction
    Power of court to hear that type of lawsuit
  3. Personal Jurisdiction (Ways to get)
    • 1. Domicile.
    • 2. In-state presence
    • 3. Continuous and substantial business w/in state
    • 4. Consent to suit
    • 5. Minimum Contacts (Shoe)
  4. McGee
    Personal jurisdiction with Single act if claim arises out of it because of "Quality and Nature" of act. 

    Deliberately reached out to forum state
  5. Shoe
    • 1. Minimum Contacts
    • 2. Claim arises out of contacts
  6. Kulko v Superior Court
    Shoe applies to businesses
  7. Milkin v Meyer
    Domicile service
  8. Calder v Jones
    Outside of state. Knows actions (cause harm) reach in state= minimum contacts in state.

    Deliberately reached out
  9. Burham v Superior Court
    Service on temporary in-state visitors allowed
  10. Burnham v. Superior Court
    D only need to be in-state at time of service
  11. World Wide Volkswagon
    Cannot be unilateral activites for PJ
  12. Keeton v. Hustler Magazine
    Doesnt matter Plaintiffs contacts with state only D
  13. Asahi
    Courts split on SOC and SOC+
  14. SOC+
    • O' Connor
    • More than awareness for purposeful availment
  15. SOC
    knowing product willl likely be swept into SOC enough for purposeful availment
  16. purposeful availment
    Voluntary Acts to reach forum state
  17. Minimum Contacts
    • 1. Purposeful Availment
    • 2. Foreseeability
  18. Special Appearance
    Appear to object to jurisdiction. Must raised at outset
  19. Full Faith and Credit Clause
    State courts must honor judgment of other state courts

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