TODAY’S CLASS Announcements Where We Are & What We’re Doing Skills: Reading Cases Washington Equip. Mfg. p. 145 Skills: Arguing From Precedent Burnham,

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Presentation transcript:

TODAY’S CLASS Announcements Where We Are & What We’re Doing Skills: Reading Cases Washington Equip. Mfg. p. 145 Skills: Arguing From Precedent Burnham, p. 150) Take-Aways & Tomorrow

ANNOUNCEMENTS Reschedule Mon, Nov 10 Class Th, Nov. 13, 2:30 p.m.

FEEDBACK ON COURSE Mid-quarter feedback forms Still welcome! DM Question about questions Power v. process Mutually exclusive or Overlapping

CLARIFICATION Due Process Federal government 5 th Amendment State governments 14 th Amendment Burger King Federal court PJ FR 4(k)(1)(A) Piggybacks on Florida long-arm statute PJ under FL statute consistent with 14 th Amendment?

CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal Jurisdiction Venue Venue Transfer Forum non conveniens + +

International Shoe “Boxes” Contacts Systematic Isolated & continuous Jurisdiction| ? | _____________ |______________| | ? | No jurisdiction | Claim Related Unrelated

SKILLS: READING CASES Wash. Equip. Mfg. v. Concrete Placing Co., p. 148 General jurisdiction Pl’s argument? Why?

SKILLS: READING CASES Wash. Equip. Mfg. v. Concrete Placing Co., p. 148 General jurisdiction Court’s view? Why?

SKILLS: READING CASES Details Wash. Equip. Mfg. v. Concrete Placing Co., p. 148 “dismissal with prejudice” !!!

Power Personal (Territorial) Jurisdiction Process Presence?Consent?Domicile? Minimum Contacts + Substantial Justice & Fair Play

SKILLS: ARGUING FROM PRECEDENT Burnham v. Superior Ct., p. 150 Rule choice What gap or ambiguity is addressed in Burnham?

SKILLS: ARGUING FROM PRECEDENT Burnham v. Superior Ct., p. 150 Rule choice What gap or ambiguity is addressed in Burnham? Does “presence” still establish jurisdiction? Must all assertions of pj satisfy minimum contacts?

SKILLS: READING CASES Rule Choice Options What rule choice options are suggested by the Justices in Burnham?

SKILLS: READING CASES Rule Choice The S.Ct.’s choice? How do you know?

SKILLS: READING CASES Assessing Precedential Value Precedential value of Burnham? Reorganize the conceptual framework?

SKILLS: ARGUING FROM PRECEDENT Interpreting the constitution Original intent Precedent Agree with plurality’s approach? Why?

SKILLS: ARGUING FROM PRECEDENT Hypothetical President of Concrete Placing liable as individual on guarantee of debt attends Apple Cup served with process in Pullman WA court personal jurisdiction?

TAKEAWAYS General Jurisdiction Conceptual Frameworks Personal Jurisdiction Where does Burnham leave us? Skills: Arguing From Precedent Rule Choice Counting Votes & Assessing Precedential Value

TAKEAWAYS General Jurisdiction General jurisdiction What is it? Claims not related to def’s contacts w/ state What contacts permit gen’l jurisdiction? Individuals Presence, domicile, ??? Corporations Incorporation, prinicipal place of business, ???

TOMORROW: IN CLASS Topic: PJ Based on Consent Before Class Read Hypothetical on Web Types of Consent clauses Consent on the Internet Hypo

TOMORROW: IN CLASS Topic: Consent In class Types of Consent clauses Skills: Arguing From Precedent Hypothetical: Consent on the Internet