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Flashcards in Personal Jurisdiction & Venue Deck (22)
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1

Personal jurisdiction is the power of court to exercise power over ______.

person or property

2

What are the three types of personal jurisdiction?

In personam, in rem, and quasi in rem

3

What is the difference between in personam and in rem jurisdictions?

in personam deals with the relationship with the forum state and in rem deals with property in the forum state

4

What was the takeaway from International Shoe?

minimum contacts test which says that a person must have minimum contacts with a state to have personal jurisdiction

5

physical presence

every state has personal jurisdiction over persons within its territory

6

If defendant is present in the forum state when served with process, then he will be subject to personal jurisdiction in that state because of ________

physical presence

7

Defendant is subject to the personal jurisdiction where they are _______.

domiciled

8

Where is a corporation domiciled?

where it is incorporated or where the corporation conducts its principal operations

9

specific jurisdiction

a court's exercise of personal jurisdiction to hear a claim related to, and arising out of, the defendant's voluntary contacts with the forum state

10

general jurisdiction

a court's exercise of personal jurisdiction over a claim that does not arise out of or relate to the defendant's contacts with the forums state, but rather where jurisdiction is warranted by the defendant's continuous and systematic contacts with the state

11

For a court to assert personal jurisdiction over a defendant not found within the forum state:

1. there must be a statute authorizing the assertion of personal jurisdiction over such a person, under circumstances similar to the case before the court;
2. The application of the statue to the case before the court must be constitutionally valid; and
3. the method used to assert jurisdiction must meet procedural due process requirements

12

long-arm statutes

statutes that allow the courts of a state to obtain personal jurisdiction over parties that are not physically present in that state

13

Jurisdiction may be exercised over an individual because of the individual's __________ in the forum state at the time that the individual is served with legal process

voluntary physical presence

14

Jurisdiction may also be exercised over an individual whose ______ is located in the forum state, regardless of whether the individual is served with legal process in the state.

domicile

15

Domicile is where

a person has his or her current dwelling place in a state and intends to remain there for an indefinite period of time

16

A party may _____ to a court's jurisdiction, regardless of whether the part has any contact with the forum state

consent

17

A person who has never been present in the forum state may be subject to specific jurisdiction there if the person possesses _________ with the forum state, such that traditional notions of fair play and substantial justice would not be offended by the assertion of jurisdiction in the state.

sufficient minimum contacts

18

International Shoe two-part test:

1. the defendant must have sufficient minimum contacts with the forum state and
2. the forum must be a fair one in which the defendant will have a full opportunity to be heard

19

What factors does the court consider when looking at whether asserting personal jurisdiction ver the defendant would offend traditional notions of fair play and substantial justice?

the forum state's interest in regulating the activity involved
the relative convenience to the parties
whether an alternative forum exists

20

venue

location where a case is heard

21

Venue is proper in:

1. a district in which any defendant resides, if all defendants reside in that state
2. a district in which "a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
3. if there is no district in which an action may otherwise be brought in the U.S., a district in which any defendant is subject to the court's personal jurisdiction

22

doctrine of forum non conveniens

a court may dismiss a case, even if the court is a proper venue, if another forum is more convenient and the interest of justice would be served by litigating the case elsewhere