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

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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 ... – PowerPoint PPT presentation

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Title: Summary Outline Do Not Rely On This Outline As Anything But a Very Rough Summary


1
Summary OutlineDo 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 Ds domicile?
  • Corporations State of Incorporation
  • Natural Persons Well 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 Ds 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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