Personal Jurisdiction Breakdown
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Breakdown of personal jurisdiction. Easy to remember format.
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Solution Summary
Breaks down concepts of personal jurisdiction of federal courts in an easy to remember format.
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PERSONAL JURISDICTION
Personal Jurisdiction can be waved by Defendant expressly or constructively.
- express - show up in court or answer pleading without first raising no pj defense
- constructive - such as driving a car in that state
D can waive service of process of process by filling out form 1B. Gives 60 days to file an answer versus 20 days.
Constitutional Requirement of Minimum Contacts and Fairness
Pennoyer allows personal service within the state. Limits forum shopping of Plaintiff.
International Shoe says constitution requires minimum contacts with the forum state as not to offend traditional notions of fair play and substantial justice. (MINIMUM CONTACTS AND FAIRNESS
Hanson requires personal availment in addition to minimum contacts.
When looking at personal jurisdiction Burger King says to look at:
1. prior negotiations and contemplated future consequences
2. terms of contract
3. actual course of dealings
Contract with another state is not ...
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