Category: Civil Procedure

Civil Procedure Does the court have authority to decide the dispute? Personal jurisdiction – exists where the forum has power over a particular D In personam jx.: exists where D is present and personally served with process, D is domiciled in the forum, D is a citizen of the forum; D consents to jx.; or…

Civil procedure Personal Jurisdiction State long-arm statute Constitutional Analysis: D must have such minimum contacts with the forum so that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. Contact (purposeful availment and foreseeability) Fairness (relatedness of contact and claim or substantial ties giving rise to general jurisdiction.; convenience…

I. DOES THE CT HAVE AUTHORITY TO DECIDE THE DISPUTE? A. Does the Ct Have Authority Over the Parties? 1. Personal Jurisdiction – Can P sue D in this STATE? 2 Step Process Satisfy a statute (i.e. long arm statute); AND Satisfy Constitution. Traditional Assertion of jurisdiction. – Contact b/n D and forum state Domicile…

CALIFORNIA CIVIL PROCEDURE I. DOES THE CT HAVE AUTHORITY TO DECIDE THE DISPUTE? A. Does the Ct Have Authority Over the Parties? Personal Jurisdiction – Can P sue D in CA? 2 Step Process Satisfy a statute (i.e. long arm statute); AND Satisfy Constitution. Traditional Assertion of jurisdiction. – Contact b/n D and CA Domicile…