Term
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Definition
| are not eligible for diversity |
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Term
| for the purposes of SMJ, perm. res. aliens are |
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Definition
| domicile in their state of permanent residence |
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Term
| when determining diversity, members of a partnership... |
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Definition
| must be analyzed individually. |
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Term
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Definition
| in the PPB and state of incorporation |
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Term
| reps of minors and incompetents reside... |
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Definition
| the state in which the minor or incompetent lives |
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Term
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Definition
| no person on the plaintiff's side can be from the same state as any member of the defendant's side |
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Term
| the damages claimed in a diversity case must... |
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Definition
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Term
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Definition
| rare for multiple parties except if the plaintiffs share a common interest (co-owners for example) |
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Term
| Can a husband and wife each claiming 50k in damages from a car accident with the defendant aggregate their claims to get diversity? |
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Definition
| No--arising from two separate injuries. |
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Term
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Definition
arising from the same set of facts
if under 75k, can still be hear in fed court |
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Term
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Definition
not related to the plaintiff's claim
must satisfy SMJ to be heard in fed court |
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Term
| for the purpose of venue, aliens... |
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Definition
| can be sued in any U.S. judicial district. |
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Term
| when there are international and domestic defendants, venue... |
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Definition
must be proper for the domestic defendants.
can't piggy back on the aliens waiver of venue |
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Term
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Definition
| Court can dismiss the suit if the moving party can show that there is an another viable forum out of the country and either the original forum is oppressive OR the new forum is more judicially efficient |
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Term
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Definition
court congestion in the original forum
local interest in deciding local controversies
familarity/complexity of laws
unfair to jury to hear a case unrelated case |
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Term
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Definition
relative ease of access to evidence
ability to summon unwilling witnesses
cost of bringing in willing witnesses
possiblity to view premises if necessary |
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Term
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Definition
Residency
Transactional
Fall Back
-- if both fail, venue is good where any defendant has PJ |
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Term
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Definition
process server over 18
tag the defendant, OR
leave a copy of the complaint and summons a the normal abode of the defendant
can leave it with another adult resident OR an authorized agent |
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Term
| Informal Service (Waiver) |
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Definition
send copy, complaint, and waiver to def.
30/60 days to return
carrot = 60/90 days to answer instead of 21
stick = not signing w/o good cause --> def. pays for formal service
waiving service does not waive PJ or venue |
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Term
| When you have a SOL that is about to run and you are filing a claim in state court, what mode of service is best? |
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Definition
Formal because the SOL doesn't stop running until the defendant signs a returns the waiver
in federal court, the clock stops running when the suit is filed, so not an issue |
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Term
| Forum selection clauses are generally accepted unless they: |
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Definition
were entered into due to fraudulent practice
or
there was a malicious intent when using the forum selection clause |
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Term
| Why are forum selection clauses useful? |
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Definition
help guide plaintiffs where to file
minimizes litigation costs for defendant
avoids Shoe analysis |
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Term
| What are the 5 contractual provisions that are relevant to PJ? |
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Definition
choice of law
consent-to-jurisdiction
forum-selection
arbitration
cognovits |
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Term
| General jurisdiction always exists for... |
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Definition
an individual's domicile
a corporations PPB and state of inc |
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Term
| General jurisdiction requires that the defendant have |
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Definition
substantial, pervasive contacts with the state
Perkins-- temp transferred whole business to Ohio
Reynolds--substantial % of revenue + lots of employees |
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Term
| The defendant in Helicopteros did not have gen jd in Texas because his contacts... |
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Definition
| were limited to cutting checks through a Texas bank, a bank acct in TX, bought some supplies there. |
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Term
| Transient Jurisdiction (Burnham) |
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Definition
Scalia (historical view)
Brennan (f*ed up MC analysis)
both say tagging in the state = PJ |
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Term
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Definition
isolated act of a special nature
continual single act, defendant solicited business |
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Term
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Definition
| unilateral acts of a plaintiff cannot cause the exertion of PJ over a defendant if he did not purposefully avail himself to the forum state |
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Term
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Definition
applies Shoe standard to businesses and individuals
application to facts overruled by BK |
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Term
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Definition
unilateral acts
purposeful availment
fairness factors
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Term
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Definition
| mere awareness that a product has entered the stream of commerce is sufficient for MC |
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Term
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Definition
mere awareness plus
plus factors =
channels of service
designing a product for a specific market
advertising in the forum
market through a dist. that targets the forum state |
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Term
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Definition
a strong burden on the defendant can be overcome by a strong showing in plaintiff's and State's interes
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Term
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Definition
sophisticated business men reaching out to a company in the forum state (overruled Schaffer)
heavy burden in D can despite strong minimum contacts can bar execise of PJ (and vice versa)
extensive negotiations
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Term
|
Definition
Calder Test -- effect of conduct targets the Forum
Zippo Test--sliding scale |
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