One Pagers - Main concept charts PDF

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Personal Jurisdiction General: -Personal jurisdiction is the power of a court to exercise control over a particular person or item of property. -Forum state: the state in which the plaintiff files the lawsuit. 3 Types below: In Personam In Rem Quasi In Rem Jurisdiction over a defendant by virtue of her Jurisdiction over a defendant because the defendant relationship with the forum state owns property in the forum state. Constitutional limitations Statutory limitations Due Process Clause of the 14th amendment: shall A court can't exercise PJ over a D unless a statue not deprive any person of life Liberty or property exists in the forum state that explicitly authorizes without due process of law. the court to exercise PJ over that D.

Statutory Limitations (In Personam Jurisdiction) 1. -If the D is present in the forum state when served with Physical presence in the forum ST at process then they will be subject to personal jurisdiction in that state. the time the D is served with process. (Burnham v. Superior Court) -D is subject to the personal jurisdiction of their home state. 1. (HS for individuals): Residence, 2 (HS for Corp): The state of incorporation or where the corp. conducts its principal 2. Domicile citizenship, or domicile even if D is absent from the ST at time of the suit. operations. 3. Consent -D may consent to a court’s PJ by involuntary appearing in the forum ST court & submitting themselves to jurisdiction. (Hess v. Pawloski) 4. Waiver -Occurs where the D acts in a way that is inconsistent with their argument that the forum lacks a basis for asserting personal jurisdiction over them. -State law allowing the states courts to exercise jurisdiction over out of state or nonresident defendants. (International Shoe) 5. LongLimited: The D has real property within the Unlimited: May exercise Arm Statutes state, regularly does business within the state, or jurisdiction on any basis not commits a tort within the state. inconsistent with the constitution.

Constitutional Limitations (In Personam Jurisdiction) Minimum Contacts Test (2 Prongs) Purposeful Availment: The D action must be Foreseeability: D must have known or reasonably intentionally directed into the forum ST. Cannot anticipated that their activities in the forum made be accidental. Ex: driving/doing business. it foreseeable that they might be haled to court (Asahi Metals v. Sup {bad case} & J MacIntyre) there. (WWV v. Woodson) Fairness (Asahi 5 Factors)- Not enough to sustain finding of personal jurisdiction 1. Burden 2. Interest in the 3. Interest of P in 4. Interstate 5. Interstate policy on D form state litigating in that state. efficiency interests

Quasi In Rem & In Rem Jurisdiction

Subject Matter Jurisdiction -Power over kinds of cases slash disputes. Power over legal and factual substance. No SMJ=dismissal.

Diversity Jurisdiction (Mas v. Perry) - Whether anybody on the P’s side of the “v.” has the same state “citizenship” as anybody on the D’s side of the “v” and it does not matter whether one P shares the same state citizenship with another P, or whether one D has the same state citizenship as another D. -Two sources of diversity jurisdiction. Constitution (Broader) Art 3 §2 Statue (Narrower) USCS 1332(a) -Between citizens of different states. -Between citizens of different states. -Require simple diversity. -P must sue for >$75,000 in controversy. -1 P ≠ 1 D -Requires complete diversity. -Any P ≠ any D

Federal Question Jurisdiction Federal jurisdiction over a state law claim will lie if a federal issue is: 1. Necessarily raised 2. Actually disputed 3. Substantial 4. Capable of resolution in federal court

Removal Jurisdiction Supplemental Jurisdiction

Pleadings & Motions

Joinder

Venue...