Chapter Six Flashcards

0
Q

Foreign state

A

State where the defendant is located.

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1
Q

Forum state

A

State where the action is brought.

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2
Q

Waive

A

Consent, as in consenting to jurisdiction otherwise improper.

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3
Q

In personam jurisdiction

A

Jurisdiction over the person.

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4
Q

Full faith and credit

A

Given to a state court judgment by another state court.

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5
Q

In rem jurisdiction

A

Power over the “res” or thing.

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6
Q

Quasi in rem jurisdiction

A

Jurisdiction over property relating to the dispute, to I force personal obligations.

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7
Q

Writ of attachment

A

Order to take possession of property.

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8
Q

Long-arm statute

A

State statute authorizing jurisdiction over nonresident defendants.

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9
Q

General appearance

A

Appearance conferring personal jurisdiction.

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10
Q

Special appearance

A

Appearance limited to the issue of jurisdiction which does not confer personal jurisdiction.

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11
Q

Minimum contacts

A

Due process requirement for nexus, or connection, between the state and a nonresident defendant.

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12
Q

General personal jurisdiction

A

Jurisdiction of a state court over a nonresident defendant.

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13
Q

Limited personal jurisdiction

A

State court jurisdiction limited to an action of the nonresident defendant in California out of which the cause of action arose.

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14
Q

Default

A

Adverse judgment without appearance by defendant.

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15
Q

Summons

A

Document served with the complaint requiring an appearance or default.

16
Q

Motion to quash service of summons

A

Motion to render the service of summons ineffective.

17
Q

Inconvenient forum

A

Court where jurisdiction is found but that is less convenient for the parties then another forum with jurisdiction.

18
Q

Forum non conveniens

A

Grounds for transferring an action for convenience to parties and witnesses.

19
Q

Stay

A

Delay or suspend

20
Q

Venue

A

Courts within the state having jurisdiction.

21
Q

Local actions

A

Actions with proper venue in a particular matter.

22
Q

Transitory actions

A

In determining venue, actions that could have been brought anywhere.