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FRCP > PJ 1 > Flashcards

PJ 1 Flashcards

1
Q

Basics of PJ

A

Power of court to bring, fairness to D, defense to Full Faith and Credir, first statute, if yes constitutional

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2
Q

R4 significance

A

District court look to state rules

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3
Q

Define in personam

A

Power to enter money judgment against D

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4
Q

Define in rem

A

Power to render judgment against property in territory

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5
Q

Define Quasi in rem

A

Property in territory gives cts power to enter money judgment against claim unrelated to property

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6
Q

L

A

Not subject to in personam unless..

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7
Q

What remains good law from Pennoyer

A

Served while D/agent in the forum/D domicile/ D consents to PJ

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8
Q

Pennoyer facts

A

Mitchell and Neff

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9
Q

Pennoyer Holding

A

No pj in og suit so Neff recovers the land

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10
Q

Pennoyer reasoning

A

5

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11
Q

Notes about Pennoyer

A

3

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12
Q

IS rule

A

Minimum contacts

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13
Q

IS holding

A

Sufficient minimum contacts

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14
Q

IS reasoning

A

4

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15
Q

Minimum contacts analysis

A

Availment and arise

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16
Q

SoC theory

A

Reasonably predict

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17
Q

Cases against P availment

A

Walden, Hanson

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18
Q

Brennan/Ginsburg SoC

A

Put into stream

19
Q

Kennedy SoC

A

Brennan + show intent to serve State C, target

20
Q

WWV SoC argument

A

Circular

21
Q

Daimler SoC argument

A

General no

22
Q

Traditional Notions of Fair Play Analysid

A

Burger King 5

23
Q

Daimler fair play ruling

A

No reasonableness test in general

24
Q

Asahi fair play analysis

A

Skip minimum contacts if fairenness clearly against

25
Q

WWV Rule

A

Mere foreseeability not minimum contacts

26
Q

WWV holding

A

No specific Jdx for NY distributors

27
Q

WWV Reasoning

A

Every chattel agent of process

28
Q

Why sue local distributors in WWV

A

Stay in state Ct

29
Q

BK holding

A

Jdx upheld because D had minimum contacts and was fair

30
Q

BK reasoning

A

Reached out, high burden bar

31
Q

Kennedy Nicastro

A

Different from IS, targeted US but not NJ, no Jdx over unconsenting d

32
Q

Sovereignty argument Kennedy nicastro

A

Bad

33
Q

Ginsburg Nicastro

A

3

34
Q

Ford rule

A

Arise out of OR relate to

35
Q

Footnote Ford

A

5

36
Q

Ford reasoning

A

4

37
Q

Critique of Ford

A

Too big to fail purposeful availment

38
Q

Goodyear Rule

A

At home, SoC no

39
Q

Why foreign and litigate in CA

A

3

40
Q

Daimler reasoning

A

5

41
Q

Daimler concurrence

A

Asahi

42
Q

BNSF rule

A

Significant assets not equal at home

43
Q

General Trilogy notes

A

3

FRCP (18 decks)

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