BARBRI HOT TOPICS -JURISDICTION Flashcards
What makes a nonresident subject to personal jurisdiction in Georgia?
A nonresident is subject to personal jurisdiction in Georgia for claims when she transacts any business in Georgia, commits a tortious act in Georgia (except defamation), commits a tortious act out of state that injures a plaintiff in Georgia, owns real property in Georgia, or is named in an action for alimony, child support, or division of property in a divorce action.
What is required for a tortious act out of state to establish jurisdiction in Georgia?
The defendant must regularly do or solicit business in Georgia, engage in persistent conduct in Georgia, or derive substantial revenue from goods used or consumed in Georgia.
What is the significance of maintaining a matrimonial domicile in Georgia?
Jurisdiction can be had over one who maintained a matrimonial domicile in Georgia when the action was commenced, or over one who resided in Georgia before the action commenced.
What factors does the court consider for a motion to dismiss based on forum non conveniens?
The court considers ease of access to proof, availability and cost of witnesses, possibility of viewing premises, expenses to the defendant, administrative difficulties, local interests, and deference to the plaintiff’s choice of forum.
What are the bases for personal jurisdiction in Georgia?
Personal jurisdiction can be based on physical presence in Georgia, which includes domicile or being served with process while in Georgia. Consent can also establish jurisdiction.
What is the fiduciary shield doctrine?
Under the fiduciary shield doctrine, an individual does not submit to personal jurisdiction by doing acts in Georgia.
What is the Nonresident Motorist Act?
The Nonresident Motorist Act provides for personal jurisdiction over a driver who gets into a car accident in Georgia.
What is required for service of process in Georgia?
A method of process is constitutional if it is reasonably calculated to give notice. Service must be made within a reasonable time to avoid dismissal.
What are the methods of service of process in Georgia?
Methods include personal service, abode service, service on an agent, waiver of service, and mail service for businesses.
What is the timeline for starting an action after an ante litem notice under Georgia’s Tort Claims Act?
The claimant can start their action 90 days after the notice was presented or the claim was denied, whichever occurs first.
What is the exclusive jurisdiction of the Superior Court in Georgia?
The Superior Court has exclusive jurisdiction over land title and divorce actions.
What types of cases can the State Court in Georgia hear?
The State Court can hear cases not falling under the Superior Court’s exclusive jurisdiction and has concurrent jurisdiction with the Superior Court.
What is the jurisdiction limit for the Magistrate Court in Georgia?
The Magistrate Court can hear any case not within the Superior Court’s exclusive jurisdiction where the amount in controversy does not exceed $15,000.
What is the general venue rule in Georgia?
Venue is proper in the Georgia county where the defendant resides when the case is filed.
What happens to venue if the defendant on whom it is based is dismissed?
If the defendant on whom venue is based is dismissed, venue ‘vanishes’ and must be transferred to a proper venue for the remaining defendants.
