PJ: OVERVIEW Flashcards

1
Q

A:PJ: OVERVIEW

(What is) the primary legal question that Personal Jurisdiction is concerned with?

A

PJ: OVERVIEW

Can the Defendant sue the Plaintiff in this state?

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2
Q

B:PJ: OVERVIEW

What are the 3 types of Personal Jurisdiction?

A

PJ: OVERVIEW

  1. In Personam Jurisdiction: the defendant himself
  2. In Rem Jurisdiction: NOT the defendant himself BUT his property.
  3. Quasi In Rem Jurisdiction: ???
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3
Q

C:PJ: OVERVIEW

What are the two general questions the court must ask in order to establish jurisdiction? and in what order must they be asked?

A

PJ: OVERVIEW

  1. Statutory limitation
  2. Constitutional limitation
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4
Q

D:PJ: OVERVIEW

Limitations on Personal Jurisdiction: define

A

PJ: OVERVIEW

The exercise of personal jurisdiction generally must be authorized by statute and constitutional.

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5
Q

E:PJ: OVERVIEW

Limitations on Personal Jurisdiction:

In order to exercise personal jurisdiction the court must first look to this…

A

PJ: OVERVIEW

Statutory limitation: Does the state have a statute?

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6
Q

F:PJ: OVERVIEW

Limitations on Personal Jurisdiction:

The second authority that must be recognized In order for a court to exercise personal jurisdiction is this…

A

PJ: OVERVIEW

Constitutional limitations: The Due Process Clause
(The Due Process Circle)
1. Fair and Reasonable: def must have contacts with the forum state that the exercise of jurisdiction would be fair and reasonable.
2. Appropriate Notice: defendant must be given appropriate notice of the action and an opportunity to be heard.

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