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rule of territoriality
state had no J over property because it wasn't attached before trial |
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| debt follows debtor. debt can be attached like property |
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| step beyond territoriality. state has J over NRD if D has minimum contacts with state and avails himself of the laws and benefits of the state |
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Term
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Definition
| unilateral contract correspondence does not establish min contacts |
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Term
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| nature of contract necessary to determine whether it subjects a party to J in the state it is signed |
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| mail order purchase does not subject purchaser to J in a state |
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SOC plus: manufacturer must direct activities at state to be subject to J
Pure SOC: manufacturer must have objective awareness that product will be put in state
Stevens: J dependent on volume, value and hazardous character of goods |
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Term
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Definition
| child support is not an effect directed at state. not enough for J |
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Term
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Definition
| causing an effect gives state J over NRD. 1) intentional harmful activity 2) directed at state 3) that causes brunt of harm in state |
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Term
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| uses Zippo to say that a passive website is not enough contacts for J |
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Term
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Definition
| general J determined by continuous, systematic and substantial activity w/in state. if general J, then cause of action does not need to be related to activity w/in state |
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Term
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Definition
| not enough contacts for general J |
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Term
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Definition
| if no general J, claim has to be related to D's actions within state. uses loosened proximate cause standard |
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Term
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| quasi in rem 2b J needs to satisfy minimum contacts. |
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Term
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Definition
| voluntary physical presence in state always enough for personal J |
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Term
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Definition
| need to follow FRCP 4h to give service to corporations. must go to managing, general or authorized agent, or officer |
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Term
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Definition
| SOP has to substantially comply with due process and actually do its best to notify parties. known beneficiaries need to be mailed service and unknown can have it published |
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Term
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Definition
| insufficient process to let a mortgagee know of action to mortgagor |
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Term
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Definition
| waiver of any due process (cognovit clause, confession of judgment) has to be done voluntarily, knowingly, and intelligently |
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Term
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Definition
| witness immunity from service extends to non-business related activity while in state unless it would obstruct justice in original trial |
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Term
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Definition
| if you bring someone in state to serve them, you have to 1) warn them beforehand or 2) give them a chance to leave before serving them |
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Term
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| pre-deprivation notice is baseline due process. to not follow, have to satisfy mathews: 1) property owner's interest, 2) risk of erroneous deprivation, 3) interest of person seeking attachment ADN Mitchell: 1) P alleges specific facts in case, 2) allegations reviewed by judge, 3) D will be given prompt post-attachment hearing |
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Term
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| FC can hear case from state created cause of action if 1) EFI embedded in P's claim, 2) EFI is disputed btwn parties, 3) EFI substantial (particularly appropriate for FC to adjudicate, 4) consider balance of state/federal courts |
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Term
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| well-pleaded complaint rule: to invoke federal J, original claim has to have EFI, not potential defense |
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Term
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| diversity established by permanent residence with intent to stay. factors: driver's license, voter registration, taxes, corporate filings |
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Term
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| corporation is citizen of state of incorporation AND principal place of business: where officers control, direct and coordinate activities |
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| P needs to have good faith reasonable belief as to amount in controversy. subsequent event will not divest court of J, but subsequent revelation might |
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Term
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| federal court can have J over state claims if related to federal claim when 1) federal claim is substantial, 2) claims share a common nucleus of operative fact, 3) P would expect to try both claims in same proceeding |
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| no supplemental J over claims with Ds who would ruin diversity |
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Term
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Definition
| for Ds to remove case to federal court under 1441, all Ds must sign on or join within a certain time, unless nominal Ds |
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