Jurisdiction Over Persons Or Property Flashcards
For the court to find sufficient minimum contacts over a defendant, the defendant must CHILI
C- consents to jurisdiction in the forum state
H- state where a Corp. or ind. is at home
I- state where corporate defendant is incorporated
L- non-domiciliary but court has long arm juris
I- non-domiciliary served in state
In determining whether a non New Yorkers business activities are subject to personal jurisdiction, courts look to PAN
Whether the non New Yorker PURPOSELY AVAILED itself of NEW YORK business opportunities
There must also exist some other 3-S conduct involving a defective product
S- solicitation of business in NY
S- services performed in NY
S- sales consummated in NY
In a federal or New York (CPLR 327) forum non convenience motion, the issue is whether the case should be tried HERE (in New York) or in another forum:
H- hardship on D and the courts
E- location of evidence
R- residence of parties
E- location of event
By statute, in a New York matrimonial action in the Supreme Court or a family court proceeding where a New York plaintiff is seeking maintenance or support, personal jurisdiction exists over non domiciliary provided DADA:
D- New York was the most recent marital DOMICILE of the parties
A- ABANDONMENT took place in New York
D- claim for support accrued under a NY DECREE or under NY law
A- parties executed a separation AGREEMENT in NY
In New York, even if a defendant has no minimum contacts with the state or was not properly served with process, he may nevertheless consent to New York jurisdiction by A SCAM
A- serving an ANSWER, but failing to include MOP objection as an affirmative defense
S- STIPULATING to jurisdiction in open court
C- asserting an unrelated COUNTERCLAIM
A- asserting improper service of process ANSWER
M- make any 3211(a) MOTION to dismiss prior to service of the D’s answer and failing to include MOP jurisdictional objection
Under federal rules, a defendant must raise VIP or they are waived
V - improper venue
I - insufficient service or process
P - lack of personal jurisdiction
AN can serve inside New York State
An ADULT NONPARTY
AL RAN can serve a summons outside New York State
A- an ATTORNEY admitted in that juris.
L- any individual allowed under the LAWS of that jur
RAN- RESIDENT of NY state ADULT NONPARTY
Regardless of where the summons is served, service in a New York action is proper only if it is made pursuant to SAD MIC
S- suitable age and discretion
A- an agent designated by D to accept service
D- due diligence
M- mailing process to the D, but only if D agrees
I- in hand personal delivery to the D
C- court invented service
Service on a corporation must be made on an A MAC DOG person:
A- assistant cashier
M- managing agent
A- authorized agent
C- cashier (CFO)
D- director
O- officer (president, VIP)
G- general agent
There are just three ways for a D to formally appear in New York or federal court am action MAN:
M- making any pre answer MOTION, which extends the D’s time to answer
A- by serving an ANSWER to P’s complaint
N- by serving a NOTICE of appearance when the summons is served without a complaint
A New York or federal court default judgment can be vacated by way of order to show cause within one year of when the D is served with a copy of that judgment but that requires the D to submit a REAM P of papers:
RE- reasonable excuse why the D defaulted
AM- affidavit of merit on the D’s defense
P- lack of prejudice to the plaintiff
To obtain valid procedural jurisdiction, the 14th amendment Due Process Clause requires that the defendant must have MOP
M - minimum contacts with the forum state
O- an opportunity to be heard in the suit
P- been properly served with process
