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CP > Exam Prep: PJ > Flashcards

Exam Prep: PJ Flashcards

1
Q

How do you analyze when a state court has jurisdiction over an out of state defendant?

A

Must consider long arm statutes, international shoe then FPSJ

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2
Q

What is an enumerated long arm statute (LAS)?

A

Contains specific actions a party takes in that state that establish pj

Requires a two step process to determine whether claim fits in state jurisdiction before considering International shoe requirements.

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3
Q

What are requirements of International Shoe

A

Minimum Contacts + Forseeability + (bonus) SOC

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4
Q

What is the source of the fair play and substantial justice requirement?

A

The Due Process clauses of 5th and 14th amendment

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5
Q

Does Colorado have an enumerated longarm stattute?

A

It appears enumerated, but is interpreted as allowing full extent of the constitution so the two step analysis collapses into 1 and therefore only requires the international shoe analysis.

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6
Q

What is the traditional basis for personal jurisdiction under Pennoyer?

A

Defendant or their agent was present in jurisdiction when served process

OR

defendant domiciled in jurisdiction

OR

defendant consented to jurisdiction

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7
Q

What is International Shoe statement of PJ?

A

There’s jurisdiction if the defendant has such minimum contacts with the forum that jurisdiction does not offend notions of fair play and substantial justice

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8
Q

What change did International Shoe introduce to PJ?

A

It expanded personal jurisdiction beyond Pennoyer so defendants may be brought to suit in the forum though they are outside of the forum state .

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9
Q

What are the prongs of the International Shoe test?

A

sufficient minimum contacts with forum state
that suing them in that forum does not violate fair play and substantial justice

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10
Q

What establishes sufficient minimum contacts with the forum state?

A

Purposeful availment, foreseeability, Calder effect test

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11
Q

What does the court consider purposeful availament?

A

When the defendant purposefully directed activities toward the forum state which caused the litigation.

BK.

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12
Q

What does the court consider forseeable?

A

Defendant could reasonably anticipate being hailed into the forum court.

WWVW

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13
Q

What is the calder effect test?

A

Did D intentionally direct harm at the P in forum state?

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14
Q

Do you analyze FPSJ or Minimum contact first in International Shoe?

A

Must have relevant contact before you go into FPSJ analysis

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15
Q

What is stream of commerce argument?

A

Placing items in the stream of commerce and could reasonably anticipate it would arrive in the forum state is enough to establish jurisdiction

Asahi

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16
Q

What is SOC + argument?

A

act of placing item in soc + intent to serve forum state creates sufficient contacts for jurisdiction Asahi

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17
Q

When does the court have general jurisdiction over corps?

A

Where they are at home (Daimler) which is defined as wherer they are incorporated or PPOB.

18
Q

What is at home for an individual?

A

where they are domiciled (milliken)

19
Q

What is at home for a corporation?

A

Where they are incorporated and where it maintains its principal place of business

20
Q

What is the principal place of business?

A

The corporation’s nerve center.

21
Q

Can a defendant waive right to dismiss for lack of PJ?

A

Yes.

21
Q

What power does PJ grant the court?

A

power to issue a binding judgment over a defendant

22
Q

Which claims must the court have PJ over a plaintiff for?

A

Ct must have PJ over every defendant for every claim

23
Q

What is the origin of PJ?

A

SCOTUS first recognized power of states to control
persons and things within their territorial limits (Pennoyer).

24
Q

What are the three types of personal jurisdiction?

A

In rem, quasi in rem, in personam

25
Q

When does plaintiff consent to personal jurisdiction?

A

By filing in the forum state.

26
Q

What sets the boundaries of PJ?

A

4k1a - same boundaries as state court

27
Q

What is the difference between general and specific jurisdiction?

A

General = claims are unrelated to contacts with the forum state.

28
Q

What determines general jurisdiction for individuals?

A

Domicile

29
Q

What determines general jurisdiction for corporations?

A

Where at home under Daimler - PPOB (nerve center) or where incorporated

30
Q

What does international shoe require?

A

claim arise out of or sufficiently relate to forum state contacts

d has sufficient minimum contacts in the state OR intentional action there

purposeful availament

31
Q

International shoe forseeability test?

A

Can d forsee being hailed into the forum state based on minimum contacts

32
Q

what kind of actions demonstrate intent to satisfy SOC+

A

1) designing the product for the forum market,

(2) advertising in the forum state,

(3) establishing channels of regular advice to customers in the forum,

(4) marketing the product through a distributor sales
agent in the forum.

33
Q

What can change PJ analyis?

A

Where/what state the case is brought in.

34
Q

What is the WWVW rule statement of minimum contacts?

A

Lawsuit is related to events in the forum state if D’s actions are intentional (purposeful) to obtain financial benefit and D could foresee being haled into the forum state for a lawsuit (WWVW)

35
Q

What is tag jurisdiction rule?

A

If P file in a state where D might be physically present, if P can catch her and serve her with process there if the court recognizes “tag” jurisdiction. Burnham.

36
Q

What determines domicile for an individual?

A

(1) where they reside & (2) intend to stay indefinitely (Milliken).

37
Q

What establishes new citizenship?

A

A new citizenship is not established until an individual has satisfied both requirements—residence and intent to stay in that residence (WWVW/Mas)

38
Q

Who can start the removal process?

A

Defendant

39
Q

What begins a removal?

A

1446 notice of removal files with the federal court.

40
Q

how does diversity affect removal?

A

Can’t remove if state claim with defendants from same state under 1441

41
Q

When is SMJ determined during removal? What happens if judge decides there is no SMJ?

A

At the time of the notice of removal. If court finds no SMJ before final judgement, judge will remand to state court. 1447

CP (23 decks)

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