CivPro PJ.txt

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Author:
stimmel49
ID:
51480
Filename:
CivPro PJ.txt
Updated:
2010-11-30 20:02:44
Tags:
PJ
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Description:
CivPro PJ
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  1. Personal Jurisdiction
    is the power of a court to make a binding order against a party and is obtained by giving notice within the grasp of the state’s long-arm statute in a manner permitted by statute.
  2. The determination of whether each D is subject to PJ depends on
    • 1. (Statutory) - Whether the D was properly served and, if so
    • 2. (Constitutional) - Whether the exercise of jurisdiction comports with traditional notions of fair play and substantial justice.
  3. Notice (Statutory)
    PJ is obtained by giving notice reasonably calculated to impart notice as permitted by statute within the grasp of the state’s long-arm statute
  4. Long-Arm Statute
    • - If not given-here there is no long-arm statute so it will be considered as coexistent with the U.S. Constitution
    • - If given-decide if state has jurisdiction based on the long-arm statute and if this exercise of jurisdiction is coexistent with the U.S. Constitution
  5. Bulge Rule
    Provides PJ over parties served under R14 or R19 if served within 100 miles of the court where the action is filed
  6. Traditional Bases (Pennoyer)
    • 1) Domicile
    • 2) Presence at time of service
    • 3) Appearance
    • 4) Consent
  7. Constitutional (MC + Fairness)
    A state may exercise jurisdiction over an out-of-state defendant if the defendant has minimum contacts with the forum state so that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice
  8. Continuous Activity/Related Activity
    24/7 continuous and systematic activity. Never been doubted.
  9. Isolated Contact/Related Activity
    • Maybe; apply purposeful availment / direction & fairness factors
    • - Purposeful Direction-Did the D purposefully direct his business at the forum state (effects test)?
    • - Purposeful Availment-Did the D purposefully avail himself to the benefits and protections of the forum state?
  10. Continuous Activity/Unrelated Activity
    Maybe; apply pervasive presence & fairness factors
  11. Stream of Commerce
    • (When manufacturer supplies parts for product)
    • Asahi - O' Conner v. Brennan - No min contacts for foreign defendant that sends parts to US
    • American Radiator - There are min contacts even if didn't send to state. (Min contacts=fairness)
  12. Asahi (O'Conner v. Brennan)
    • O'Conner - ruled in Asahi that merely putting a component in the “stream of commerce” is not a minimum contact and will not confer jurisdiction over the component part manufacturer even if the party has knowledge it will go to a specific state.
    • Brennan - providing parts for a product that will be marketed nationally puts the party on notice of the possibility of suit in a forum where an injury might occur. However, minimum contacts must also be fair.
  13. Fairness Factors
    • 1) Burden on the D
    • 2) Interest of the forum state
    • 3) P’s interest
    • 4) Efficiency to resolve the dispute amongst the states
    • 5) Social Policy
  14. Defect
    If a defendant fails to object to a defect in personal jurisdiction in the first motion or pleading, any such defect is waived

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