Term
| What sets out PJ standards |
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Definition
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Term
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Definition
| allows states to reach past the borders of their own state ; use the PJ statutes of the forum state |
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Definition
| in order for courts to have PJ person/property has to be in the borders of the forum state |
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Definition
| when attack from a sister court not a higher court |
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Definition
| defendant appears and files 12b1 or 12b2 contesting court's power of SMJ or PJ |
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Definition
| defendant appears but doesn't challenge court's power to have SMJ or PJ |
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Term
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Definition
| states coming to litigate on merits and making limited appearance; can't be used in dispute over property |
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Term
| Citizenship of individual |
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Definition
| state can exercise power over own citizens |
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Term
| Citizenship of sole proprietor |
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Definition
| Is individual so use individual guidelines |
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| found and served in forum state = presence |
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Definition
| Must be voluntary, intelligent and knowingly |
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Term
| Requirements for in rem PJ |
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Definition
Def owns property in state +
property has to be attached or under court's control +
give proper notice +
propery and ownership is subject +
judgment limited to prop value |
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Term
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Definition
| only binds parties + constructive notice okay as long as attachment + property in state + attached + ownership is issue +judgment limited |
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cause of action not in forum state +
defendant has substantial contacts |
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Definition
cause of action in forum state OR
related to defendant's activities in state = minimum contacts needed |
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Definition
| Pending in state court and moved to federal court - defendant can request |
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Definition
| any party can request - from one federal court to another |
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Term
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Definition
pending in fed ct w/ proper venue+
either party seeks +
convenient to both +
convenient to witnesses +
in interest of justice +
transfer where action could have taken place +
have to apply same law in new court |
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Term
| Removal when venue wasn't proper |
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Definition
pending in fed ct w/out proper venue +
any party seek +
convenient for parties +
convenient for witnesses +
in interest of justice +
transfer where originally could be brought +
don't have to apply law of prior court |
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