Term
| Test for supplemental jurisdiction |
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Definition
| Same case or controversy and common nucleus of operative fact |
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Term
| Due process in personam jurisdiction |
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Definition
1) Minimum contacts - Purposeful availment
2) Fair play and substantial justice |
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Term
| Minimum contacts in commercial context |
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Definition
| Contact must be purposeful and substantial, such that defendant should reasonably foresee being taken to court there. |
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Term
| Due process requirement for notice |
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Definition
| Notice reasonably calculated to apprise interested parties of action and afford them opportunity to object |
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Term
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Definition
1) Short & plain statement of grounds for SMJ
2) Short and plain statement of claim
3) Demand for judgment |
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Term
| Adjudicating motions to dismiss |
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Definition
Iqbal 2-step:
1) Reject legal conclusions unsupported by facts
2) Assuming truth of well-pleaded facts, determine whether allegations plausibly give rise to relief |
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Term
| Standard for adequacy of notice |
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Definition
| if the notice is reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of an action and afford them an opportunity to present their objections. |
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Term
| When personal jurisdiction |
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Definition
1) Voluntary served
2) Domicile
3) Consent
4) Long arm statute |
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Term
| Due process requirement for in personam PJ |
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Definition
1) Minimum contacts
2) Fair play and substantial justice |
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Term
| Factors for 'fair play and substantial justice' |
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Definition
1) Interest of forum state
2) Shared interest of states in common social policies
3) Interest of judicial system
4) Burden on D |
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Term
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Definition
1) Complete relief cannot be provided
2) Disposition will impair ability to protect interest
3) Leave parties exposed of multiple obligations |
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