CIVIL PROCEDURE Flashcards
To hear a case, the court must have ____________
- jdx over the persons involved
- subject matter jdx
- case must be held in proper venue
- D must have notice
- proper law must be used
What is Personal Jdx and how is it established
court’s power over the parties to an action
it is established through a traditional basis or using the minimum contacts standard
Traditional basis for Personal Jdx exists where the D ________
- consents (express or implied) to jdx in the forum state
- domiciled in the forum state
- present in the forum state when served with process, except for presence by force or fraud or involuntary presence
Modernly, how is personal jdx established over nonresidents of the forum state?
- there is a long-arm statute and
- the minimum contact standards are satisfied
long-arm statute
mechanism that gives a state power to reach beyond its own borders na assert jdx over a nonresident
2 types of long-arm statutes
- co-extensive long arm statutes
- limited long arm statutes (enumeratd act)
co-extensive long arm statutes
gives state courts power over any person or property to the extent allowed by the Constitution (i.e. the minimum contacts standard is applied)
limited long arm statutes
give states courts powe over nonresidents only for enumerated acts; exercise of jdx must satisfy the statute and the minimum contacts standard
A D must have sufficient minimum contacts with the forum state such that asserting jdx over the D does not offend _____.
traditional notions of fair play and substantial justice
minimum contacts
D has purposfully availed themselves of the benefits and protections of the state such that it is reasonably forseeable that they could be haled into court
activites that show purposeful availment and protections of a state
- drivin on a road in the forum state
- conducting business in the form state
specific jurisdiction
a claim arising from activity in the state provides specific jdx over the D for that claim only
* driving in a state is sufficient activity
* contract negotiated in forum state, for work performed in forum state, and contract specified forum state law applied is sufficient actitivity
general jurisdiction
exists when a D is essentially at home in the forum state and jdx can be exercised for any cause of action
when is a corporation “essentially at home”
state of incorporation or PPB
NOT when corp is out-of-state, conducts large amount of economic activity from forum state, and 60% of sales delivered to buyers in forum state
when is a subsidiary corporation “essentially at home”
the status of the subsidiary controls, not the parent company
Not when parent corp (of State B) and subsidiary corp is foreign based
can foreign corporations operating abroad be “essentially at home” in US forum state?
No; not even through in-state contacts such as through the use of independent contractors
when are internet websites “essentially at home”
law is still unsettled, but generally:
1. passive websites (where information is made available but no business is transacted) generally do not meet minimum contacts standards
2. interactive websites (where there is communication between a user and operator) may meet the minimum contacts standard
when is “essentailly at home” satisfied in stream of commerce cases
no clear standard and decided case-by-case
1. stream of commerce alone is insufficient
2. intentially targeting the forum, intentionally serving theneeds in a state, or sufficiently regular flow of business in the forum may be suffcient minimum contacts
