Shared Flashcard Set

Details

Civ Pro Final
Civil Procedure
8
Other
Post-Graduate
11/15/2015

Additional Other Flashcards

 


 

Cards

Term
Pennoyer v. Neff
Definition
Established Personal JX; requires a defendant physically be in the state to have jurisdiction over the defendant.
Term
International Shoe v. Washington
Definition
Company employed salesmen in Washington, but failed to pay the state unemployment benefits. Rule: If defendant isn't in the state, he must have minimum contacts as not to offend "traditional notions of fair play and justice"
Term
McGee v. International Life Insurance
Definition

California man bought life insurance from a Texas Company; P sued D when they failed to pay out

 

Court stated Modern transportation makes it much less of a burden for defendants

 

Contract created a substantial connection to California, which satisfied minimum contacts

Term
Hanson v. Denkla
Definition

Pennsylvania woman created a DE trust. Moved to Florida and died. Heirs trying to figure out whether FL can probate trust. 

 

Court held: unilateral activity (on P's part) cannot establish P JX; D must purposefully avail itself

 

Term
Shaffer v. Heitner
Definition

Heitner attached Greyhound stock to obtain JX in DE. 

 

Court held presence of property in state can can help establish minimum contacts, but it alone is not enough.

Term
World Wide Volkswagen v. Woodson
Definition

P bought car in NY and got into a wreck in OK


The foreseeability necessary is the foreseeability that the conduct and connection are such that the conduct and connection are such that the person/corporation could reasonably anticipate being hauled into the state

Term
Burger King Corp. v. Rudeweisz
Definition

Franchisee fell behind on payments to BK; BK (a FL Corp) sued in FL

 

Court held the quality and nature of the relationship with the forum state was enough to satisfy PJX.

Term
Pavlovich v. Superior Court
Definition

Website was a passive site that didn't directly target California

 

Court used the "effects test" in which a person can be sued if they know their action will sibstantially affect an interest in another state

 

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