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Civil Procedure > Personal JDX > Flashcards

Personal JDX Flashcards

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Civil Procedure 1L flashcards
1
Q

Personal JDX (PJDX) - Concept

A

Court’s power to adjudicate over defendant’s personal rights

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2
Q

PJDX - Requirements (2)

A

1) Adequate Notice /Service of process + Opportunity to be heard by impartial tribunal 2) Minimum contacts (MC) of D with jdx where court seats (with possible long-arm jdx)

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3
Q

PJDX - Requirements - Consequences for lack on required elements

A
  • Action dismissed by motion or sua ponte OR
  • judgment declared void
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4
Q

PJDX - Service of Process - Gral

A
  • Has to be reasonably calculated to reach person according to circumstances (to comply with Due Process)
  • Gral Rule: within 120 days since filing of complaint
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5
Q

PJDX - Service of Process - Content (2)

A

1) Copy of complaint
2) Summons (notice requiring appearance in court)

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6
Q

PJDX - Service of Process - Types (3)

A

1) Waiver of service
2) Personal service: hand-to-hand OR abode service
3) Any other method allowed by state law

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7
Q

PJDX - Service of Process - Waiver of Service - gral

A
  • P mails D a notice and copy of complaint + request for D to waive service
  • Reasonable time to respond (at least 30/60 days)
  • Waiving service does not waive any possible defense by D
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8
Q

PJDX - Service of Process - Waiver of Service - Procedure

A
  • If yes to request: D has 60 days to answer complaint (90 if out of state)
  • If no to request: get normal 21 days to respond, and if find against D court can impose service cost and attorney fees
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9
Q

PJDX - Service of Process - Personal Service - Gral

A
  • Gral rule: is for D is same state where district court seats - Exceptionally out of state: 100 mile rule
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10
Q

PJDX - Service of Process - Personal Service - 100 miles rule

A
  • Radio of 100 miles around court - even outside state as possible area to be personally served - WHEN:
    1) 3rd party D (impleader) AND/OR
    2) indispensable party (joinder rule 14)
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11
Q

PJDX - Service of Process - Personal Service - Types (2)

A

1) Hand-to-hand delivery: directly to person anywhere (i.e. in -transit in airport)
2) Abode Service: Leave copies at place of abode (residence) w/resident of suitable age and discretion

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12
Q

PJDX - Service of Process - Personal Service - Who can serve complaint? (3 reqs)

A

1) Non-party
2) Over 18y/o
3) W/no interest in action + then file affidavit at court

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13
Q

PJDX - Service of Process - Personal Service - Rule on spouses in community property

A
  • Gral rule: service on either spouse
  • UNLESS: judgment based solely on separate obligation
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14
Q

PJDX - Service of Process - Personal Service - Rule on corporation and other business entities

A
  • Service to required registered agent at registered address in the jdx
  • ID of agent is matter of public record
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15
Q

PJDX - Service of Process - Special rules for Service by Publication / when yes, when no

A
  • When D has fled or is concealed
  • Not applicable when ID and address are uscertainable
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16
Q

PJDX - Service of Process - Special rules for Service to the Govt - 2 +1 methods

A

1) _Personal or certified mail to US attorney offic_e in the district where action was brought
2) Registered or certified mail to US Attorney Gral - when challenge is to agency or specific federal employee service of complaint and summons must also be send to them particularly

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17
Q

PJDX - Service of Process - Any other method allowed by state statute - 2 possibilities of applicable law

A

1) Where district court seats
2) Where D is served

18
Q

PJDX - MC - Gral

A
  • Sufficient contacs of D with state where district court is located
  • So maintaining suit does not offend traditional notions of fair play and substantive justice
  • aka “General” or “extensive”
  • D subject to the jdx of the state in which it has SUBSTANTIAL, SYSTEMATIC and CONTINUOUS activities, even if the particular cause of action arose elsewhere
19
Q

PJDX - MC - Establishment cases (4) - DICC

A

1) Domicile of D in state at time of filing (even if left temporarily)
2) “In-state-service (“tag” jdx): no contacts but voluntarily is present in state when served
3) Consent or waiver by D - i.e. D fails to challenge PJDX in pre answer motion or answer itself
4) Consent by contract - grally enforceable

20
Q

PJDX - Long arm jdx statutes - Gral

A
  • aka “specific jdx”
  • person “submits” to jdx by engaging in certain conducts: business/torts/property/insurance
  • Jdx to adjudicate with specific dispute arising from out-of-state D (no MC) activity on State
  • origin: International Shoes
21
Q

PJDX - Long arm jdx statutes - Conducts (4)

A

1) Business
2) Tort
3) Property
4) Insurance

22
Q

PJDX - Long arm jdx - Business - Gral / test, PAF elements

A
  • Business transaction within state
  • Test: “ Did out of state purposefully avail itself to state benefits?”
  • PAF Elements (purposedly avail himself, arise from transaction connected with state, fundamental fairness)
23
Q

PJDX - Long arm jdx - Business - PAF

A

1) Purposefully/Actively targeted the state
2) “Arise from”
3) Fundamental Fairness

24
Q

PJDX - Long arm jdx - Business - PAF - Purposeful availment

A
  • Active availment to state
  • Mere “gral advantage” not enough
  • targeted internet order forms, on the ground live sales, qualifies
25
Q

PJDX - Long arm jdx - Business -PAF - “Arise from”

A
  • Cause of action arises from OR connected with transaction on forum state
  • Physical presence of D in the state not required
  • claim must arise from action - i.e. email/telephone solicitation is enough
26
Q

PJDX - Long arm jdx - Business - PAF - Fundamental Fairness

A
  • Reasonability - PJDX doesnt affect fair play or substantial justice
  • Court to consider quality/nature/extent of the activity (is it substantial, systematic and continuous) AND convenience of parties AND benefits and protections from state laws
27
Q

PJDX - Long arm jdx - Business - PAF - Registered Agent Rule

A

Having a registered agent for out-of-service is not enough to establish MC

28
Q

PJDX - Long arm jdx - Tort - Gral Rule

A
  • Gral rule: JDX if commission WITHIN state (i.e. non resident in car accident)
29
Q

PJDX - Long arm jdx - Tort - Product Liability Rule

A
  • For out-of state product that results in injuries for in-state resident

- P burden to show that D placed product on stream of commerce being it reasonably foreseeable to be used in the state (“is it fair?”)

30
Q

PJDX - Long arm jdx - Property - gral

A
  • MC from dispute arising from property
  • Real or personal property in state
  • Right of use or ownership
31
Q

PJDX - Long arm jdx - Insurance

A

When out of state D insures in-state risk

32
Q

PJDX - Challenge to PJDX - Gral

A
  • Under FCPR 12 - i.e. improper service, no MC, lack of notice
33
Q

PJDX - Challenge to PJDX - Methods (2) / Timing

A

1) Pre-answer motion
2) Answer to complain - post answer is too late

34
Q

PJDX - Challenge to PJDX - Exception to pre answer/answer challenge

A
  • When default judgment
    • longer time allowed by FR60 to submit motion to vacate
35
Q

PJDX - Challenge to PJDX - Waiver (2)

A

1) By untimely move for dismissal
2) By seeking affirmative relief

36
Q

PJDX - Challenge to PJDX - Waiver by untimely moving for dismissal - When (2)

A

a) Not in pre answer motion or answer
b) Plead defense and then engage in discovery, pre trial motion, etc

37
Q

PJDX - Challenge to PJDX - Waiver by untimely moving for dismissal - Rules for dismissal pre trial

A
  • If case dismissed prior to trial, it is deemed as not commenced for SOL (courts might not want to dismiss when lengthy pre trial procedures until SOL expired, that would prevent party to fill)
38
Q

PJDX - Challenge to PJDX - Waiver by Seeking affirmative relief

A
  • Court deems that D consents to jdx
  • OJO mere appearance in court by D is not waiver per-se, he has to affirmatively seek defense
39
Q

In-rem JDX - Gral

A
  • When court lacks pjdx
  • Specific circumstances where court has jdx in regard to real property of D in the state regardless of whom the owner is
  • Property alone provides sufficient contacts
    • i.e. for partition or quiet title actions
  • In gral doesnt apply because of long-arm jdx - DP (service + opp) still applies
40
Q

Pjdx - General reqs language

A

Pjdx has two conceptual elements:

1) “ fair and adequate notice” by service of process
2) sufficient contacts of defendant with forum state

Civil Procedure (15 decks)

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