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Civil Procedure > Personal JDX > Flashcards

Personal JDX Flashcards

(40 cards)

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1
Q

Personal JDX (PJDX) - Concept

A

Court’s power to adjudicate over defendant’s personal rights

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2
Q

PJDX - Requirements (2)

A

1) Adequate Notice /Service of process + Opportunity to be heard by impartial tribunal 2) Minimum contacts (MC) of D with jdx where court seats (with possible long-arm jdx)

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3
Q

PJDX - Requirements - Consequences for lack on required elements

A
  • Action dismissed by motion or sua ponte OR
  • judgment declared void
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4
Q

PJDX - Service of Process - Gral

A
  • Has to be reasonably calculated to reach person according to circumstances (to comply with Due Process)
  • Gral Rule: within 120 days since filing of complaint
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5
Q

PJDX - Service of Process - Content (2)

A

1) Copy of complaint
2) Summons (notice requiring appearance in court)

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6
Q

PJDX - Service of Process - Types (3)

A

1) Waiver of service
2) Personal service: hand-to-hand OR abode service
3) Any other method allowed by state law

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7
Q

PJDX - Service of Process - Waiver of Service - gral

A
  • P mails D a notice and copy of complaint + request for D to waive service
  • Reasonable time to respond (at least 30/60 days)
  • Waiving service does not waive any possible defense by D
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8
Q

PJDX - Service of Process - Waiver of Service - Procedure

A
  • If yes to request: D has 60 days to answer complaint (90 if out of state)
  • If no to request: get normal 21 days to respond, and if find against D court can impose service cost and attorney fees
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9
Q

PJDX - Service of Process - Personal Service - Gral

A
  • Gral rule: is for D is same state where district court seats - Exceptionally out of state: 100 mile rule
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10
Q

PJDX - Service of Process - Personal Service - 100 miles rule

A
  • Radio of 100 miles around court - even outside state as possible area to be personally served - WHEN:
    1) 3rd party D (impleader) AND/OR
    2) indispensable party (joinder rule 14)
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11
Q

PJDX - Service of Process - Personal Service - Types (2)

A

1) Hand-to-hand delivery: directly to person anywhere (i.e. in -transit in airport)
2) Abode Service: Leave copies at place of abode (residence) w/resident of suitable age and discretion

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12
Q

PJDX - Service of Process - Personal Service - Who can serve complaint? (3 reqs)

A

1) Non-party
2) Over 18y/o
3) W/no interest in action + then file affidavit at court

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13
Q

PJDX - Service of Process - Personal Service - Rule on spouses in community property

A
  • Gral rule: service on either spouse
  • UNLESS: judgment based solely on separate obligation
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14
Q

PJDX - Service of Process - Personal Service - Rule on corporation and other business entities

A
  • Service to required registered agent at registered address in the jdx
  • ID of agent is matter of public record
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15
Q

PJDX - Service of Process - Special rules for Service by Publication / when yes, when no

A
  • When D has fled or is concealed
  • Not applicable when ID and address are uscertainable
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16
Q

PJDX - Service of Process - Special rules for Service to the Govt - 2 +1 methods

A

1) _Personal or certified mail to US attorney offic_e in the district where action was brought
2) Registered or certified mail to US Attorney Gral - when challenge is to agency or specific federal employee service of complaint and summons must also be send to them particularly

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17
Q

PJDX - Service of Process - Any other method allowed by state statute - 2 possibilities of applicable law

Study These Flashcards
A

1) Where district court seats
2) Where D is served

18
Q

PJDX - MC - Gral

Study These Flashcards
A
  • Sufficient contacs of D with state where district court is located
  • So maintaining suit does not offend traditional notions of fair play and substantive justice
  • aka “General” or “extensive”
  • D subject to the jdx of the state in which it has SUBSTANTIAL, SYSTEMATIC and CONTINUOUS activities, even if the particular cause of action arose elsewhere
19
Q

PJDX - MC - Establishment cases (4) - DICC

Study These Flashcards
A

1) Domicile of D in state at time of filing (even if left temporarily)
2) “In-state-service (“tag” jdx): no contacts but voluntarily is present in state when served
3) Consent or waiver by D - i.e. D fails to challenge PJDX in pre answer motion or answer itself
4) Consent by contract - grally enforceable

20
Q

PJDX - Long arm jdx statutes - Gral

Study These Flashcards
A
  • aka “specific jdx”
  • person “submits” to jdx by engaging in certain conducts: business/torts/property/insurance
  • Jdx to adjudicate with specific dispute arising from out-of-state D (no MC) activity on State
  • origin: International Shoes
21
Q

PJDX - Long arm jdx statutes - Conducts (4)

Study These Flashcards
A

1) Business
2) Tort
3) Property
4) Insurance

22
Q

PJDX - Long arm jdx - Business - Gral / test, PAF elements

Study These Flashcards
A
  • Business transaction within state
  • Test: “ Did out of state purposefully avail itself to state benefits?”
  • PAF Elements (purposedly avail himself, arise from transaction connected with state, fundamental fairness)
23
Q

PJDX - Long arm jdx - Business - PAF

Study These Flashcards
A

1) Purposefully/Actively targeted the state
2) “Arise from”
3) Fundamental Fairness

24
Q

PJDX - Long arm jdx - Business - PAF - Purposeful availment

Study These Flashcards
A
  • Active availment to state
  • Mere “gral advantage” not enough
  • targeted internet order forms, on the ground live sales, qualifies
25
PJDX - Long arm jdx - Business -PAF - "Arise from"
- Cause of action arises from OR connected with transaction on forum state - Physical presence of D in the state not required - claim must arise from action - i.e. email/telephone solicitation is enough
26
PJDX - Long arm jdx - Business - PAF - Fundamental Fairness
- Reasonability - PJDX doesnt affect fair play or substantial justice - Court to consider quality/nature/extent of the activity (is it substantial, systematic and continuous) AND convenience of parties AND benefits and protections from state laws
27
PJDX - Long arm jdx - Business - PAF - Registered Agent Rule
Having a registered agent for out-of-service is _not enough to establish MC_
28
PJDX - Long arm jdx - Tort - Gral Rule
- Gral rule: JDX if **commission WITHIN state** (i.e. non resident in car accident)
29
PJDX - Long arm jdx - Tort - Product Liability Rule
- For out-of state product that results in injuries for in-state resident _- P burden to show that D placed_ **product on stream of commerce being it reasonably foreseeable** to be used in the state ("is it fair?")
30
PJDX - Long arm jdx - Property - gral
- MC from dispute arising from property - Real or personal property in state - Right of use or ownership
31
PJDX - Long arm jdx - Insurance
When out of state D insures in-state risk
32
PJDX - Challenge to PJDX - Gral
- Under FCPR 12 - i.e. improper service, no MC, lack of notice
33
PJDX - Challenge to PJDX - Methods (2) / Timing
1) Pre-answer motion 2) Answer to complain - post answer is too late
34
PJDX - Challenge to PJDX - Exception to pre answer/answer challenge
- When default judgment * - longer time allowed by FR60 to submit motion to vacate
35
PJDX - Challenge to PJDX - Waiver (2)
1) By untimely move for dismissal 2) By seeking affirmative relief
36
PJDX - Challenge to PJDX - Waiver by untimely moving for dismissal - When (2)
a) Not in pre answer motion or answer b) Plead defense and then engage in discovery, pre trial motion, etc
37
PJDX - Challenge to PJDX - Waiver by untimely moving for dismissal - Rules for dismissal pre trial
- If case dismissed prior to trial, it is deemed as _not commenced for SOL_ (courts might not want to dismiss when lengthy pre trial procedures until SOL expired, that would prevent party to fill)
38
PJDX - Challenge to PJDX - Waiver by Seeking affirmative relief
- Court deems that D consents to jdx - OJO _mere appearance_ in court by D _is not waiver_ per-se, he has to affirmatively seek defense
39
In-rem JDX - Gral
- When court lacks pjdx - Specific circumstances where court has jdx in regard to real property of D in the state regardless of whom the owner is - Property alone provides sufficient contacts * - i.e. for partition or quiet title actions - In gral doesnt apply because of long-arm jdx - DP (service + opp) still applies
40
Pjdx - General reqs language
Pjdx has two conceptual elements: 1) " fair and adequate notice" by service of process 2) sufficient contacts of defendant with forum state

Civil Procedure (15 decks)

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