Preliminary Issues Flashcards
Embedded in other MEE topics
not stand alone questions
Jurisdiction
General Rule - Courts of Domicile have personal jurisdiction (issues arise to non domicilary D’s)
When multiple states in issue, forum ct must determine which state laws control
Limits on personal jurisdict
limits imposed by K, choice of forum by agreement
Special Appearance
state doesn’t obtain personal jurisdiction over individual who appears in the action for the sole purpose of objecting to the forum’s exercise jurisdiction. General appearance or appearance w/o raising objectiong
Fraud & Force
state wont exercise judicical jursidiction if obtained by fraud or unlawful force
immunity & privilege
state wont exercise when inaction on its part is required by international law or by needs of judicial admin (when principles of international law, or needs of judicial admin in order to encourage appearance (immunity to nonresidents who appear in the case)
Forum Non Conveniens
state wont exercise if a serious inconvientent forum for the action , provded that a more appropriate forum is available to the P
Constitutional Limitations on the Exercise of Personal Jurisdiction
to satisfy the due process clause of the constit. non domiciliary D not served in the forum must have minimum contacts w/ the forum state such that maintenance of suit doesnt offed tradiational notions.
identifying choice of law issues
when laws of two or more states are potentially relevant to a case and differ materially
const. limits on choice of law
US const. doesnt direct states as to what choice of law they may choose, but places limits on the forum state’s application of its own substantive law.
privileges & immunities
must be suff. important to bear on the vitality of the nation as a whole. When state law treats non domiciliares differently, the state must show that there is a substantial reason
