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Civ Pro Cases
Civ Pro Cases
31
Other
Graduate
12/01/2010

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Cards

Term
Pennoyer
Definition
rule of territoriality
state had no J over property because it wasn't attached before trial
Term
Harris
Definition
debt follows debtor. debt can be attached like property
Term
International Shoe
Definition
step beyond territoriality. state has J over NRD if D has minimum contacts with state and avails himself of the laws and benefits of the state
Term
Hanson v Denckla
Definition
unilateral contract correspondence does not establish min contacts
Term
Burger King
Definition
nature of contract necessary to determine whether it subjects a party to J in the state it is signed
Term
Chalek
Definition
mail order purchase does not subject purchaser to J in a state
Term
WWVW
Definition
SOC ends at retailer
Term
Asahi
Definition
SOC plus: manufacturer must direct activities at state to be subject to J
Pure SOC: manufacturer must have objective awareness that product will be put in state
Stevens: J dependent on volume, value and hazardous character of goods
Term
Kulko
Definition
child support is not an effect directed at state. not enough for J
Term
Calder
Definition
causing an effect gives state J over NRD. 1) intentional harmful activity 2) directed at state 3) that causes brunt of harm in state
Term
Revell
Definition
uses Zippo to say that a passive website is not enough contacts for J
Term
Perkins
Definition
general J determined by continuous, systematic and substantial activity w/in state. if general J, then cause of action does not need to be related to activity w/in state
Term
Helicopteros
Definition
not enough contacts for general J
Term
Tak How
Definition
if no general J, claim has to be related to D's actions within state. uses loosened proximate cause standard
Term
Shaffer
Definition
quasi in rem 2b J needs to satisfy minimum contacts.
Term
Burnham
Definition
voluntary physical presence in state always enough for personal J
Term
Affinity
Definition
need to follow FRCP 4h to give service to corporations. must go to managing, general or authorized agent, or officer
Term
Mullane
Definition
SOP has to substantially comply with due process and actually do its best to notify parties. known beneficiaries need to be mailed service and unknown can have it published
Term
MEM
Definition
insufficient process to let a mortgagee know of action to mortgagor
Term
Leidholm
Definition
waiver of any due process (cognovit clause, confession of judgment) has to be done voluntarily, knowingly, and intelligently
Term
Fun-Damental
Definition
witness immunity from service extends to non-business related activity while in state unless it would obstruct justice in original trial
Term
Wilansky
Definition
if you bring someone in state to serve them, you have to 1) warn them beforehand or 2) give them a chance to leave before serving them
Term
Doehr
Definition
pre-deprivation notice is baseline due process. to not follow, have to satisfy mathews: 1) property owner's interest, 2) risk of erroneous deprivation, 3) interest of person seeking attachment ADN Mitchell: 1) P alleges specific facts in case, 2) allegations reviewed by judge, 3) D will be given prompt post-attachment hearing
Term
Grable
Definition
FC can hear case from state created cause of action if 1) EFI embedded in P's claim, 2) EFI is disputed btwn parties, 3) EFI substantial (particularly appropriate for FC to adjudicate, 4) consider balance of state/federal courts
Term
Mottley
Definition
well-pleaded complaint rule: to invoke federal J, original claim has to have EFI, not potential defense
Term
Lundquist
Definition
diversity established by permanent residence with intent to stay. factors: driver's license, voter registration, taxes, corporate filings
Term
Hertz
Definition
corporation is citizen of state of incorporation AND principal place of business: where officers control, direct and coordinate activities
Term
Coventry
Definition
P needs to have good faith reasonable belief as to amount in controversy. subsequent event will not divest court of J, but subsequent revelation might
Term
Gibbs
Definition
federal court can have J over state claims if related to federal claim when 1) federal claim is substantial, 2) claims share a common nucleus of operative fact, 3) P would expect to try both claims in same proceeding
Term
Kroger
Definition
no supplemental J over claims with Ds who would ruin diversity
Term
Cowett
Definition
for Ds to remove case to federal court under 1441, all Ds must sign on or join within a certain time, unless nominal Ds
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