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Summary Outline [Do Not Rely On This Outline As Anything But a Very Rough Summary]

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Presentation on theme: "Summary Outline [Do Not Rely On This Outline As Anything But a Very Rough Summary]"— Presentation transcript:

1 Summary Outline [Do Not Rely On This Outline As Anything But a Very Rough Summary]

2 4 Requirements for Forcing D to Defend in the Forum Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum Non-Conveniens)

3 5 Keys to Courthouse Door Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction

4 Transient Jurisdiction Basic Concept: If D can be served in the forum, D can be sued in the forum Exceptions: –Fraudulent Inducement –Presence for Litigation (Limited) Note: This is the only type of PJ that requires that D be served in the forum state

5 Domicile Jurisdiction Basic Concept: If D is domiciled in the forum state, D can be sued in the forum state. What is D’s “domicile”? –Corporations: State of Incorporation –Natural Persons: We’ll discuss later.

6 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”

7 Long Arm (Contact Based Specific) PJ Basic Concept: –If D has sufficiently significant contacts with forum state, & Forum is reasonable –Then D can be sued in the forum state –But only for causes of action that arise out of those contacts

8 General (Contact Based General) PJ Basic Concept: –If D’s contacts with the state are Systematic & Continuous –Then D can be sued in the forum state For any c/a Even ones that do not arise out of those contacts


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