Personal Jurisdiction Flashcards
Definition of PJ
Court’s power over defendant’s person or property.
Can be waived and consented to.
Requirements for PJ in Oregon Courts
Oregon law must grant PJ and law must be constitutional
Law Grants PJ if:
Consent, Presence or Long-Arm Statute
Consent (Express)
Appointment of agent to accept service, Contractual agreement/provision to be sued in state OR express consent
Consent (Implied) (20 days)
Failure to object in timely fashion
MUST OBJECT IN FIRST RESPONSE TO COMPLAINT 20 Days from service of process.
Presence
Actual: voluntary physical presence of defendant, while served with process.
Domicile: defendant’s true home or intends to return.
Doing Business: regular systematic and continuous in state business.
Long-Arm Statute
LIMIT - LAND, INJURY, MATRIMONY, INSURANCE CONTRACT, TRANSACTION
Constitutional If:
defendant had minimum contact as to not offend traditional notions of fair play and substantial justice.
Defendant purposefully availed himself.
Defendant targeted Consumers of Oregon
Long-Arm Statute Land
Defendant owns,possesses uses land in Oregon from which lawsuit derived.
Long-Arm Statute Injury
Injury happend in Oregon or committed outside of Oregon and injury resulted in Oregon.
Long-Arm Statute Matrimony
Resident may get matrimonial decree, IF MONEY SOUGHT defendant must be domiciled in Oregon for 6 months.
Long-Arm Statute Insurance Contract
Defendant entered into insruance contract for risk located in Oregon from which lawsuit derives.
Long-Arm Statute Transaction
Defendant promised to do anythng in Oregon from which lawsuit derived.
