Civil Procedure
Study online at
https://quizlet.com/_3jcigr
1. Big Picture for Civ Pro: "Please Sue Vendors Selling
Putrid Jam. Definitely Place Calls To Authorities Immediately."
-Personal jurisdiction
-SMJ - removal, supplemental
-Venue (which specific ct)- transfer, forum NC
-State law - Erie
-Pleadings (proper?)
-Joinder
-Discovery
-Pretrial Adjudications
-Conferences and Meetings
-Trial
-Appeals
-Issue and Claim Preclusion
2. PJ - traditional Statutory (in personam): PP DC LA (cities Philly;
DC; LA) Physically present and served with process
Domiciled or Consent
Long Arm
OR for in rem/quasi in rem: attach!
3. Personal jurisdiction traditional: PJ refers to a court's power to exercise power over
a defendant. Thee are three bases from which a court can derive the authority traditional, statutory
and constitutional bases. Traditionally, IPJ is based on physical presence and service of process,
domiciled, or consent.
4. PJ long arm statute: Since no traditional basis exists, teh P must look to see if the state has
a long arm
statute that would allow IPJ over the D. A long arm statute gives the court personal jx over an out-of
cout deefndant.
5. CA PJ:: Satisfies the statute (long-arm statute reaches the constitutional limit, and satisfies
the due process requirements of the Constitution.
6. PJ - Constitutional Limits:: My Parents Frequently Forgot to Read Children's Stories"
-Minimum contacts (factors:
-Purposeful Availment
, Civil Procedure
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-Foreseeability
Fairness & substantial justice (factors:
-Relatedness of contact & claim
, Civil Procedure
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specific: claim from contact
general: continuous/sys ties
-Convenience (Ws, no disadvantage in lit)
-State's interest (in protecting litigants)
7. PJ Constitutional limits: To be constitutional there msut be suflcient minimum contacts
with the forum state and the defendant so as to not ottend the traditional notions of fair play and
substantial jsutice. The USSC has listed a series of factors with which to assess teh constitutionality of
PJ. In gernal the factors fall under two headings: minimum contacts and fairplay and substantial justice
8. Minimum contacts bar code: A DEF is said to have minimum contacts when there is
purposeful
availment of the laws of the form state, such that it is reasonably foreseeable that they will be "haled
into court" there.
9. Purposeful availment: Purposeful availment occurs when the defendant, through her
contacts with the forum state, has availed herself of the privilege of conducting activities in the forum
state, thus invoking the benefits and protections of its laws.
10. minimum contacts: Minimum contacts requires a showing of purposeful availment
and foreseeabilty.
1) The courts must find that defendant purposefully availed herself of the privilege of conducting
activities in the forum state, thus invoking the benefits and protections of its laws.
2) Additionally, the defendant must have foreseen that they would have been haled into court in the forum
state. The defendant must known or reasonably anticipate that her activities in teh forum render it
foresseable that it may be haled into court there.
-Headings MINIMUM CONTACTS, PURPOSEFUL AVAILMENT , FORESEEABILITY
11. PJ - relatedness: The claim must be related to the defendant's contacts with the
forum. This requires a showing of either specific or general jx.
-General jurisdiction- The court will look to see if te D is "at home" in the forum. To be "at home"
an individual defendant must be domiciled in the state or if a corporate defendant have its
principal place of business or e incorporated in the state
-The claim must be related to teh D's contacts with the forum.
-ex - P can say but for D's actions or use proximate cause
12. PJ fairness: The court, in determining whether exercising PJ over defendant is fair, will look
at the convience to the defendant, teh state's interest and other factors.
, Civil Procedure
Study online at
https://quizlet.com/_3jcigr
-CONVENIENCE - A forum is
constitutionally acceptable unless it is so gravely diflcult and inconvenient
that the defendant is put at a severe disadvantage.
Study online at
https://quizlet.com/_3jcigr
1. Big Picture for Civ Pro: "Please Sue Vendors Selling
Putrid Jam. Definitely Place Calls To Authorities Immediately."
-Personal jurisdiction
-SMJ - removal, supplemental
-Venue (which specific ct)- transfer, forum NC
-State law - Erie
-Pleadings (proper?)
-Joinder
-Discovery
-Pretrial Adjudications
-Conferences and Meetings
-Trial
-Appeals
-Issue and Claim Preclusion
2. PJ - traditional Statutory (in personam): PP DC LA (cities Philly;
DC; LA) Physically present and served with process
Domiciled or Consent
Long Arm
OR for in rem/quasi in rem: attach!
3. Personal jurisdiction traditional: PJ refers to a court's power to exercise power over
a defendant. Thee are three bases from which a court can derive the authority traditional, statutory
and constitutional bases. Traditionally, IPJ is based on physical presence and service of process,
domiciled, or consent.
4. PJ long arm statute: Since no traditional basis exists, teh P must look to see if the state has
a long arm
statute that would allow IPJ over the D. A long arm statute gives the court personal jx over an out-of
cout deefndant.
5. CA PJ:: Satisfies the statute (long-arm statute reaches the constitutional limit, and satisfies
the due process requirements of the Constitution.
6. PJ - Constitutional Limits:: My Parents Frequently Forgot to Read Children's Stories"
-Minimum contacts (factors:
-Purposeful Availment
, Civil Procedure
Study online at
https://quizlet.com/_3jcigr
-Foreseeability
Fairness & substantial justice (factors:
-Relatedness of contact & claim
, Civil Procedure
Study online at
https://quizlet.com/_3jcigr
specific: claim from contact
general: continuous/sys ties
-Convenience (Ws, no disadvantage in lit)
-State's interest (in protecting litigants)
7. PJ Constitutional limits: To be constitutional there msut be suflcient minimum contacts
with the forum state and the defendant so as to not ottend the traditional notions of fair play and
substantial jsutice. The USSC has listed a series of factors with which to assess teh constitutionality of
PJ. In gernal the factors fall under two headings: minimum contacts and fairplay and substantial justice
8. Minimum contacts bar code: A DEF is said to have minimum contacts when there is
purposeful
availment of the laws of the form state, such that it is reasonably foreseeable that they will be "haled
into court" there.
9. Purposeful availment: Purposeful availment occurs when the defendant, through her
contacts with the forum state, has availed herself of the privilege of conducting activities in the forum
state, thus invoking the benefits and protections of its laws.
10. minimum contacts: Minimum contacts requires a showing of purposeful availment
and foreseeabilty.
1) The courts must find that defendant purposefully availed herself of the privilege of conducting
activities in the forum state, thus invoking the benefits and protections of its laws.
2) Additionally, the defendant must have foreseen that they would have been haled into court in the forum
state. The defendant must known or reasonably anticipate that her activities in teh forum render it
foresseable that it may be haled into court there.
-Headings MINIMUM CONTACTS, PURPOSEFUL AVAILMENT , FORESEEABILITY
11. PJ - relatedness: The claim must be related to the defendant's contacts with the
forum. This requires a showing of either specific or general jx.
-General jurisdiction- The court will look to see if te D is "at home" in the forum. To be "at home"
an individual defendant must be domiciled in the state or if a corporate defendant have its
principal place of business or e incorporated in the state
-The claim must be related to teh D's contacts with the forum.
-ex - P can say but for D's actions or use proximate cause
12. PJ fairness: The court, in determining whether exercising PJ over defendant is fair, will look
at the convience to the defendant, teh state's interest and other factors.
, Civil Procedure
Study online at
https://quizlet.com/_3jcigr
-CONVENIENCE - A forum is
constitutionally acceptable unless it is so gravely diflcult and inconvenient
that the defendant is put at a severe disadvantage.
