401467
Descrição
Mapa Mental por caitlynbingaman2, atualizado more than 1 year ago
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Criado por caitlynbingaman2
quase 11 anos atrás
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1. Personal Jurisdiction
- Personal Jurisdiction
- 3 Steps to PJ
- Step 1:
State Statute
- Long Arm
- Step 2: In
Due
Process
Circle?
- Constitutional - Entitled to Full
Faith and Credit
- Constitutional - Entitled to Full
Faith and Credit
- Step 2: In
Due
Process
Circle?
- Step 1:
State Statute
- Long Arm
- Types
- Jurisdiction Over Defendant
- In Personam
- General
- D can be sued in forum for
claim that arose
ANYWHERE in the world
- D can be sued in forum for
claim that arose
ANYWHERE in the world
- Specific
- D is sued on claim
that arose IN FORUM
- Doctrine of Relatedness
- Doctrine of Relatedness
- D is sued on claim
that arose IN FORUM
- General
- In Personam
- Jurisdiction Over D's Property
- In Rem
- Lawsuit is over who owns the property
- Lawsuit is over who owns the property
- Quasi In Rem
- Dispute has nothing to do with
ownership, D clearly owns it, dispute is
over something else
- Pennoyer's underlying case - Mitchell v. Neff
- Pennoyer's underlying case - Mitchell v. Neff
- Dispute has nothing to do with
ownership, D clearly owns it, dispute is
over something else
- In Rem
- Jurisdiction Over Defendant
- 3 Steps to PJ
- In Personam Jurisdiction
- I. Constitutional Analysis
- 1. Does a traditional basis apply from Pennoyer?
- Yes
- Based on Burnham...
- May its ok by itself
- But still do Shoe
- But still do Shoe
- Maybe not ok by itself, might have to do Int'l Shoe
- May its ok by itself
- Based on Burnham...
- No
- 2. Then Do Shoe
- A. is there a relevant contact between D and Forum?
- No - NO PJ
- Yes
- B. Was there purposeful availment?
- Yes
- C. Fairness
- Inconvenience for D and Witnesses
- BK makes it almost impossible to show this
- Relative wealth doesn't matter
- Relative wealth doesn't matter
- BK makes it almost impossible to show this
- Forum States Interest
- McGee
- State has interest in protecting citizens form
getting ripped off
- State has interest in protecting citizens form
getting ripped off
- McGee
- P's interest
- interest in convenience
- interest in convenience
- Legal systems interest in efficiency
- Shared Substantive policies
- Inconvenience for D and Witnesses
- C. Fairness
- Yes
- B. Was there purposeful availment?
- No - NO PJ
- A. is there a relevant contact between D and Forum?
- 2. Then Do Shoe
- Yes
- II. State Statute Analysis
- Non-resident motorist act
- Long Arm Statute
- Allows you to sue a non-resident; lists things that
non-residents can do in state that would subject them to PJ
- Typical example: Non-Resident commits a Tort
- Person A produced widgets, widget directly sold to someone in
state B and it blows up in state B - did you commit a Tort in
state B - some say yes (injury was there) some say no (act
wasn't there)
- Person A produced widgets, widget directly sold to someone in
state B and it blows up in state B - did you commit a Tort in
state B - some say yes (injury was there) some say no (act
wasn't there)
- Allows you to sue a non-resident; lists things that
non-residents can do in state that would subject them to PJ
- Non-resident motorist act
- 1. Does a traditional basis apply from Pennoyer?
- I. Constitutional Analysis
- Quasi In Rem/ In Rem
- I. Constitutional Requirement
- 1. Property is attached at onset of suit
- II State Statute
- Attachment Statute
- Says state has power over
property person owns in state
- All states have them
- Says state has power over
property person owns in state
- Attachment Statute
- 2. International Shoe Minimum Contacts
- Shaeffer v. Heitner
- Held Constitution test for in rem/ QIR is the
same as In Personam (International Shoe)
- Held Constitution test for in rem/ QIR is the
same as In Personam (International Shoe)
- Shaeffer v. Heitner
- 1. Property is attached at onset of suit
- I. Constitutional Requirement
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