Card Set Information

2010-08-13 22:21:55

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  1. If the case is in state court, where do you start on the pj checklist?
    B. Long-Arm Statute
  2. If Enumerate Act Model, what is the next step on the checklist?
    2. Statutory Analysis
  3. If facts comports with long-arm statute, what is the next step?
    C. Constitutional Analysis
  4. 1. What are the traditional bases for personal jurisdiction?
    • a. In-state.
    • b. Voluntary Appearance.
  5. 2. What are the exceptions to jurisdictional analysis?
    • a. Consent.
    • b. State Citizens
    • c. Non-resident Plaintiffs
    • d. Estoppel
  6. What are two bases for Consent?
    • i. Forum Selection Clause
    • ii. State Domestication Statute
  7. Re: State Domestication Statute, under what circumstance do you proceed to the International Shoe Test?
    If defendant can be said to have been unaware of consent.
  8. 3. International Shoe Test--if none of the above exceptions applies, what is the first step in the International Shoe Test?
    • a. In rem Action
    • i. If isolated but directly related, then jurisdiction proper.
  9. Under International Shoe Test, if not in rem action, then what is the next step?
    b. Four-position Matrix
  10. What constitutes the four-position matrix?
    • i. Continuous and Systematic and Related
    • ii. Continuous and Systematic and Unrelated
    • iii. Single and Isolated and Unrelated
    • iv. Single and Isolated and Related
  11. Re: Single and Isolated and Related, what is the next step in the analysis?
    4. Specific Jurisdiction Analysis
  12. What are the prongs of Specific Jurisdiction Analysis?
    • a. Minimum contacts.
    • b. Reasonableness.
  13. What are the five possible avenues of minimum contacts?
    • i. Purposeful Availment.
    • ii. Intentional Torts
    • iii. Contractual Contacts
    • iv. Stream-of-Commerce Cases
    • v. Quasi in Rem Cases
    • vi. Internet Cases
  14. What are the majority and minority view of Stream-of-Commerce cases?
    O'Connor Standard-

    Brennan Standard-

    Reasonableness Analysis
  15. If Purposeful Availment is established, what is the next step?
    Reasonableness Analysis
  16. What are the components of reasonableness analysys?
    • 1. Burden on the defendant
    • 2. State Interest
    • 3. Plaintiff Interest.
    • 4. Systemic Efficiency
    • 5. Furtherance of Social Policies