Chapter Six Flashcards
Foreign state
State where the defendant is located.
Forum state
State where the action is brought.
Waive
Consent, as in consenting to jurisdiction otherwise improper.
In personam jurisdiction
Jurisdiction over the person.
Full faith and credit
Given to a state court judgment by another state court.
In rem jurisdiction
Power over the “res” or thing.
Quasi in rem jurisdiction
Jurisdiction over property relating to the dispute, to I force personal obligations.
Writ of attachment
Order to take possession of property.
Long-arm statute
State statute authorizing jurisdiction over nonresident defendants.
General appearance
Appearance conferring personal jurisdiction.
Special appearance
Appearance limited to the issue of jurisdiction which does not confer personal jurisdiction.
Minimum contacts
Due process requirement for nexus, or connection, between the state and a nonresident defendant.
General personal jurisdiction
Jurisdiction of a state court over a nonresident defendant.
Limited personal jurisdiction
State court jurisdiction limited to an action of the nonresident defendant in California out of which the cause of action arose.
Default
Adverse judgment without appearance by defendant.
Summons
Document served with the complaint requiring an appearance or default.
Motion to quash service of summons
Motion to render the service of summons ineffective.
Inconvenient forum
Court where jurisdiction is found but that is less convenient for the parties then another forum with jurisdiction.
Forum non conveniens
Grounds for transferring an action for convenience to parties and witnesses.
Stay
Delay or suspend
Venue
Courts within the state having jurisdiction.
Local actions
Actions with proper venue in a particular matter.
Transitory actions
In determining venue, actions that could have been brought anywhere.
