Essay Attack Templates Flashcards
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: _____________.
(1) traditional,
(2) statutory, and
(3) constitutional
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
The traditional bases for a court to exercise jurisdiction include when the defendant:
(1) is present while served in the forum,
(2) consents to jurisdiction, or
(3) is domiciled in the forum.
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
States enact** long-arm statutes** to authorize a court jurisdiction over non-residents to the extent the ____________ of the U.S. Constitution permits.
Due Process Clause
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
States enact long-arm statutes to ____________ to the extent the Due Process Clause of the U.S. Constitution permits.
authorize a court jurisdiction over non-residents
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) ______________,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
minimum contacts between defendant and forum
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) _____________, and
(3) fair play and substantial justice.
relationship cause of action has with forum
Personal jurisdiction refers to a court’s authority to exercise jurisdiction over a particular defendant. There are 3 bases for court authority: (1) traditional, (2) statutory, and (3) constitutional.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) _______________.
fair play and substantial justice
________________ must be (1) purposeful such that the defendant (2) reasonably foresees being hailed into the forum court.
minimum contacts
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Minimum contacts must be (1) ________ such that the defendant (2) reasonably foresees being hailed into the forum court.
purposeful
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Minimum contacts must be (1) purposeful such that the defendant (2) ____________ being hailed into the forum court.
reasonably foresees
Minimum contacts must be (1) ________________ (2) reasonably foresees being hailed into the forum court.
purposeful such that the defendant
Minimum contacts must be (1) purposeful such that the defendant (2) _______________.
reasonably foresees being hailed into the forum court
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Minimum contacts must be (1) purposeful such that the defendant (2) reasonably foresees being hailed into the forum court.
Purposeful -> ___________
Foresees -> There is foreseeability when a defendant knows or reasonably anticipates having to defend a lawsuit in a court resulting from minimum contacts.
The court reviews whether the defendant purposefully avails itself of the benefits and protections of the forum state’s laws.
Minimum contacts must be (1) purposeful such that the defendant (2) reasonably foresees being hailed into the forum court.
Purposeful -> The court reviews whether the defendant purposefully avails itself of the benefits and protections of the forum state’s laws.
Foresees -> There is foreseeability when a defendant knows or reasonably anticipates having to defend a lawsuit in a court resulting from minimum contacts.
There is foreseeability when a defendant knows or reasonably anticipates having to defend a lawsuit in a court resulting from minimum contacts.
Minimum contacts must be (1) purposeful such that the defendant (2) reasonably foresees being hailed into the forum court.
Purposeful -> The court reviews whether the defendant ____________________.
Foresees -> There is foreseeability when a defendant knows or reasonably anticipates having to defend a lawsuit in a court resulting from minimum contacts.
purposefully avails itself of the benefits and protections of the forum state’s laws
Minimum contacts must be (1) purposeful such that the defendant (2) reasonably foresees being hailed into the forum court.
Purposeful -> The court reviews whether the defendant purposefully avails itself of the benefits and protections of the forum state’s laws.
Foresees -> There is foreseeability when a defendant ________________ resulting from minimum contacts.
knows or reasonably anticipates having to defend a lawsuit in a court
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is related to the defendant’s conduct, or
(3) a product is placed in the stream of commerce.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has ________________,
(2) the suit is related to the defendant’s conduct, or
(3) a product is placed in the stream of commerce.
systematic & continuous contact
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is ________________, or
(3) a product is placed in the stream of commerce.
related to the defendant’s conduct
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is related to the defendant’s conduct, or
(3) a product is _____________.
placed in the stream of commerce
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) _________________,
(2) the suit is related to the defendant’s conduct, or
(3) a product is placed in the stream of commerce.
the defendant has systematic and continuous contact
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) ________________, or
(3) a product is placed in the stream of commerce.
the suit is related to the defendant’s conduct
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is related to the defendant’s conduct, or
(3) ________________.
a product is placed in the stream of commerce
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is related to the defendant’s conduct, or
(3) a product is placed in the stream of commerce
Systematic & Continuous -> _____
**Related to D’s Conduct ** -> Jurisdiction is proper if the claim arises out of the defendant’s conduct with the forum state.
Stream of Commerce -> The law is unsettled as to whether placing a product in the stream of commerce with the expectation that it be purchased by consumers in the forum state is sufficient.
The court weighs the quantity and nature of the defendant’s contacts with the forum, or its connection with the cause of action to determine if they are systematic and continuous.
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is related to the defendant’s conduct, or
(3) a product is placed in the stream of commerce
Systematic & Continuous -> The court weighs the quantity and nature of the defendant’s contacts with the forum, or its connection with the cause of action to determine if they are systematic and continuous.
**Related to D’s Conduct ** -> _____
Stream of Commerce -> The law is unsettled as to whether placing a product in the stream of commerce with the expectation that it be purchased by consumers in the forum state is sufficient.
Jurisdiction is proper if the claim arises out of the defendant’s conduct with the forum state.
The relationship the cause of action has with the forum state warrants personal jurisdiction when, in the forum state:
(1) the defendant has systematic and continuous contact,
(2) the suit is related to the defendant’s conduct, or
(3) a product is placed in the stream of commerce
Systematic & Continuous -> The court weighs the quantity and nature of the defendant’s contacts with the forum, or its connection with the cause of action to determine if they are systematic and continuous.
**Related to D’s Conduct ** -> Jurisdiction is proper if the claim arises out of the defendant’s conduct with the forum state.
Stream of Commerce -> _____
The law is unsettled as to whether placing a product in the stream of commerce with the expectation that it be purchased by consumers in the forum state is sufficient.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Factors courts consider in determining fair play and substantial justice include:
(1) the convenience to the parties and (2) state’s interest.
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Factors courts consider in determining fair play and substantial justice include (1) ________ and (2) state’s interest.
the convenience to the parties
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Factors courts consider in determining fair play and substantial justice include (1) the convenience to the parties and (2) _________.
state’s interest
Factors to assess whether an exercise of jurisdiction complies with the Due Process Clause of the U.S. Constitution:
(1) minimum contacts between defendant and forum,
(2) relationship cause of action has with forum, and
(3) fair play and substantial justice.
Factors courts consider in determining ________ include (1) the convenience to the parties and (2) state’s interest.
fair play and substantial justice
Factors courts consider in determining ____________ include (1) the convenience to the parties and (2) state’s interest.
Convenience to Parties -> The exercise of jurisdiction must be reasonable, taking into account the litigant’s interests. The court will not find jurisdiction where requiring the defendant to defend in the forum would impose an unreasonable burden.
**State’s Interest ** -> A state has an interest in providing a forum for its citizens to resolve disputes.
fair play & substantial justice
Factors courts consider in determining fair play and substantial justice include (1) the convenience to the parties and (2) state’s interest.
Convenience to Parties -> ________
**State’s Interest ** -> A state has an interest in providing a forum for its citizens to resolve disputes.
The exercise of jurisdiction must be reasonable, taking into account the litigant’s interests. The court will not find jurisdiction where requiring the defendant to defend in the forum would impose an unreasonable burden.
Factors courts consider in determining fair play and substantial justice include (1) the convenience to the parties and (2) state’s interest.
Convenience to Parties -> The exercise of jurisdiction must be reasonable, taking into account the litigant’s interests. The court will not find jurisdiction where requiring the defendant to defend in the forum would impose an unreasonable burden.
**State’s Interest ** -> A state has an interest in providing a forum for its citizens to resolve disputes.
A state has an interest in providing a forum for its citizens to resolve disputes.
