LEB 320F: Exam 1 Save
Terms in this set (161)
when the defendant does anything to formally defend themselves
in the lawsuit (ex: file a paper with the court--an answer)
a legal appearance automatically submits the defendant to the
3 ways to establish personal
power of the court
jurisdiction:
exception: special appearance- when the defendant files a paper
1. defentant legally appears
with the court where all it says is that they object to personal
jurisdiction- importance: even if you lose the special appearance,
it preserves your right to appeal personal jurisdiction
summons: an official notice from the court saying you're being
, every state has one; only for out-of-state defendants
when a state forces an out-of-state defendant to appear in court in
the forum state
3 ways to establish personal
have to make sure that the out-of-state defendant has sufficient
jurisdiction:
minimum contacts with the forum state- it's reasonable to haul
3. long arm statute
people to your state if they have minimal contacts
can establish general personal jurisdiction or specific personal
jurisdiction
when the out-of-state defendant has continuous/systematic
3 ways to establish personal contact with the forum state
jurisdiction: about who the person is and their ongoing connection with the
3. long arm statute state
general personal jurisdiction effect?- because I am so connected to this state, I have opened
myself up to getting sued in TX for offenses I commit anywhere
the offense/whatever has to have happened in the forum state
3-part test:
1. non-resident defendant purposefully directed his actions toward
the forum state or purposefully availed himself of the pirvilege of
3 ways to establish personal conducting activities in the forum state and
jurisdiction: definition of purposefully directed and purposefully availed: 1.
3. long arm statute defendant committed an intneional act 2. expressfully aimed at the
specific personal jurisdiction forum state and 3. causing harm the defendant knew was likely to
be suffered in the forum state
2. the claim must arise out of or relate to the defendant's forum-
related activities and
, Are state court systems all the no, but most of them are very similar
same?
At what level are questions of trial level--appellate courts are not interested in facts
fact handled?
At what level are questions of law all court levels--anywhere there's a judge, there are questions of
handled? law
from the moment a dispute arises to the very moment before the
jury comes back
At what point can a settlement
-doesn't necessarily have to involve a contract of the court
happen?
-can step away from the court and negotiate a settlement
-can no longer settle once the jury comes back with a verdict
Can the same offense lead to yes
both a criminal and civil case?
Can you appeal an arbitrator's yes- it's legally binding, but so is a jury's verdict, and it can be
ruling? appealed
The court system is a ___ tiered 3
system.
Do all states have two levels of no
appellate courts?
no- so if the defendant files removal, it is removed to the federal
Does removal change states?
court of the state the claim was filed in
Terms in this set (161)
when the defendant does anything to formally defend themselves
in the lawsuit (ex: file a paper with the court--an answer)
a legal appearance automatically submits the defendant to the
3 ways to establish personal
power of the court
jurisdiction:
exception: special appearance- when the defendant files a paper
1. defentant legally appears
with the court where all it says is that they object to personal
jurisdiction- importance: even if you lose the special appearance,
it preserves your right to appeal personal jurisdiction
summons: an official notice from the court saying you're being
, every state has one; only for out-of-state defendants
when a state forces an out-of-state defendant to appear in court in
the forum state
3 ways to establish personal
have to make sure that the out-of-state defendant has sufficient
jurisdiction:
minimum contacts with the forum state- it's reasonable to haul
3. long arm statute
people to your state if they have minimal contacts
can establish general personal jurisdiction or specific personal
jurisdiction
when the out-of-state defendant has continuous/systematic
3 ways to establish personal contact with the forum state
jurisdiction: about who the person is and their ongoing connection with the
3. long arm statute state
general personal jurisdiction effect?- because I am so connected to this state, I have opened
myself up to getting sued in TX for offenses I commit anywhere
the offense/whatever has to have happened in the forum state
3-part test:
1. non-resident defendant purposefully directed his actions toward
the forum state or purposefully availed himself of the pirvilege of
3 ways to establish personal conducting activities in the forum state and
jurisdiction: definition of purposefully directed and purposefully availed: 1.
3. long arm statute defendant committed an intneional act 2. expressfully aimed at the
specific personal jurisdiction forum state and 3. causing harm the defendant knew was likely to
be suffered in the forum state
2. the claim must arise out of or relate to the defendant's forum-
related activities and
, Are state court systems all the no, but most of them are very similar
same?
At what level are questions of trial level--appellate courts are not interested in facts
fact handled?
At what level are questions of law all court levels--anywhere there's a judge, there are questions of
handled? law
from the moment a dispute arises to the very moment before the
jury comes back
At what point can a settlement
-doesn't necessarily have to involve a contract of the court
happen?
-can step away from the court and negotiate a settlement
-can no longer settle once the jury comes back with a verdict
Can the same offense lead to yes
both a criminal and civil case?
Can you appeal an arbitrator's yes- it's legally binding, but so is a jury's verdict, and it can be
ruling? appealed
The court system is a ___ tiered 3
system.
Do all states have two levels of no
appellate courts?
no- so if the defendant files removal, it is removed to the federal
Does removal change states?
court of the state the claim was filed in
