Consent Jurisdiction 5 Keys to Courthouse Door Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction.

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Presentation transcript:

Consent Jurisdiction

5 Keys to Courthouse Door Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction

Consent Jurisdiction Basic Concept: If you agree to be sued in the forum state, you can be sued in the forum state Types of Consent Jurisdiction –Consent in the litigation –Advance Contractual Consent –Advance “Coerced Consent” –“Implied Consent”

Consent in the Litigation Appearing without objecting Waiver intentional unintentional Filing suit Consents to pj for counterclaims Litigating personal jurisdiction and losing

Litigating PJ & Losing Jurisdiction to Decide Jurisdiction You represent D in the Grocery Hypo. P files suit in MO and serves D in KS. If you do not believe MO Ct has PJ, what are your options?

Option 1 Stay home and ignore the Lawsuit What will happen? Default Judgment for Plaintiff

How Will P Enforce the Judgment P Asks KS Courts to Execute Etc. In response, D can defend based on lack of PJ D can defend based on lack of SMJ, D cannot defend on the merits.

Option 2 Go to MO and Challenge PJ If D loses on PJ issue at trial D may Defend on the merits Appeal If D still loses on PJ issue, D is bound

What if there is a factual dispute? Suppose (e.g.) P claims & D denies that P went to the store as a result of the KC Star Ads. How will this factual dispute be resolved?

Advance Contractual Consent Forum Selection Clauses Consent to PJ in forum Designation of agent to receive process Prompt transmittal to D Contrast Exclusive forum (ouster) clauses Choice of law clauses

Advance “Coerced” Consent If Corporation wants to do business in the state, it must Consent to state’s pj Appoint agent for receipt of process Types General Specific

Implied Consent Statutes If D, engages in certain conduct Drives in the state Does business in the state without registering, D will be “deemed” to have Consented to state’s pj for c/a arising out of conduct, and Appointed state officer as agent for receipt of process These statutes rest on a fiction Since International Shoe, they no longer provide an independent basis for personal jurisdiction But, The conduct usually justifies long arm jurisdiction anyway The service procedure is sometimes adequate.