Chapter Six - Personal Jurisdiction Flashcards
Forum State
State where action is brought
Foreign State
State where the defendant is located
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 enforce 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 Appearances
Appearance limited to the issue of jurisdiction which does not counfer 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 summons ineffective
Inconvenient Forum
Court where jurisdiction is found but that is less convenient for the parties than 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
Transitory Actions
In determining venue, actions that could have been brought anywhere
