GA CIV PRO

Question 1

ANALYZING A PERSONAL Jx QUESTION

Answer 1

1. Has the state authorized Jx?

2. Is the exercise of Jx constitutional?

Question 2

BY STATUTE, THE FOLLOWING ARE BASES OF AN IN PERSONAM Jx IN GEORGIA:

Answer 2

1. Presence
   a. Transient Presence.
2. Consent
3. Domicile
4. Corporations
   a. Fiduciary Shield Doctrine
5. Partnerships and Associations
6. Long Arm Statute
7. Nonresident Motorist Act

Question 3

What is the basis of the state’s in rem Jx?

Answer 3

property

Question 4

What is the basis of the state’s power to hear the case in Quasi In Rem Jx?

Answer 4

Property, rather than the person of the D. Property msut be brought before the Jx of the ocurt under the state attatchment (or similar) statute

Question 5

After determining that there is a statutory basis for the exercise of personal Jx in GA, the court must ___-

Answer 5

determine whehter the exercise of Jx would comport w/ DP. FRCP “minimum contacts” test.

Question 6

In GA, the superior court has exclusive trial jurisdiction over:

Answer 6

1. Cases respecting title to land
2. Divorce
3. Suits seeking affirmative equitable relief, including declaratory judgment.
4. Felony criminal cases.

Question 7

In addition to exclusive Jx over certain types of action, the superior courts in GA have Jx over ___

Answer 7

all other cases, except those placed in the exclusive Jx of some other court.
- Amount in controversy is irrelevant.

Question 8

Magistrate court in GA can hear ___

Answer 8

Any civil case: (1) not vested in the exclusive Jx of the superior court and (2) in which the amount in controversy does NOT exceed $15,000. It’s Jx is not exclusive.