PJ 1 Flashcards

(43 cards)

1
Q

Basics of PJ

A

Power of court to bring, fairness to D, defense to Full Faith and Credir, first statute, if yes constitutional

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2
Q

R4 significance

A

District court look to state rules

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3
Q

Define in personam

A

Power to enter money judgment against D

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4
Q

Define in rem

A

Power to render judgment against property in territory

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5
Q

Define Quasi in rem

A

Property in territory gives cts power to enter money judgment against claim unrelated to property

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6
Q

L

A

Not subject to in personam unless..

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7
Q

What remains good law from Pennoyer

A

Served while D/agent in the forum/D domicile/ D consents to PJ

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8
Q

Pennoyer facts

A

Mitchell and Neff

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9
Q

Pennoyer Holding

A

No pj in og suit so Neff recovers the land

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10
Q

Pennoyer reasoning

A

5

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11
Q

Notes about Pennoyer

A

3

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12
Q

IS rule

A

Minimum contacts

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13
Q

IS holding

A

Sufficient minimum contacts

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14
Q

IS reasoning

A

4

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15
Q

Minimum contacts analysis

A

Availment and arise

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16
Q

SoC theory

A

Reasonably predict

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17
Q

Cases against P availment

A

Walden, Hanson

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18
Q

Brennan/Ginsburg SoC

A

Put into stream

19
Q

Kennedy SoC

A

Brennan + show intent to serve State C, target

20
Q

WWV SoC argument

21
Q

Daimler SoC argument

22
Q

Traditional Notions of Fair Play Analysid

A

Burger King 5

23
Q

Daimler fair play ruling

A

No reasonableness test in general

24
Q

Asahi fair play analysis

A

Skip minimum contacts if fairenness clearly against

25
WWV Rule
Mere foreseeability not minimum contacts
26
WWV holding
No specific Jdx for NY distributors
27
WWV Reasoning
Every chattel agent of process
28
Why sue local distributors in WWV
Stay in state Ct
29
BK holding
Jdx upheld because D had minimum contacts and was fair
30
BK reasoning
Reached out, high burden bar
31
Kennedy Nicastro
Different from IS, targeted US but not NJ, no Jdx over unconsenting d
32
Sovereignty argument Kennedy nicastro
Bad
33
Ginsburg Nicastro
3
34
Ford rule
Arise out of OR relate to
35
Footnote Ford
5
36
Ford reasoning
4
37
Critique of Ford
Too big to fail purposeful availment
38
Goodyear Rule
At home, SoC no
39
Why foreign and litigate in CA
3
40
Daimler reasoning
5
41
Daimler concurrence
Asahi
42
BNSF rule
Significant assets not equal at home
43
General Trilogy notes
3