Exam (elaborations)
GOV 407 CIV PRO- EXAM 1 with complete verified solutions already graded A+.
- Course
- Institution
GOV 407 CIV PRO- EXAM 1 with complete verified solutions already graded A+.
[Show more]
Content preview
GOV 407 CIVPRO- EXAM 1
with complete
verified
solutions already
graded A+
jurisdiction - answer -Govt's general power to exercise authority over
persons and things within its territory; esp a state's power to create
interests that will be recognized under common law principles as valid in
other states
-Court's power to decide a case or issue a decree
two types of jurisdiction - answer - personal jurisdiction
- subject matter jurisdiction (SMJ)
when is jurisdiction procedurally addressed? - answer -at the outset of
the pleadings in a plaintiff's complaint
--rule 8(a)(1)
-scrutinized during a motion to dismiss filed by the def
,-- rule 12(b)(2)
personal jurisdiction - answer -court's power to bring a person into its
adjudicative process; juris over a def's personal rights rather than merely
over prop interests
-their power to adjudicate matter btwn two parties such that it can
lawfully bind both parties, specifically the def to a judgment
ways court can assert PJ over def - answer - long arm statute
- def's domicile
- def's consent
- def is served in the forum state
- in rem
what const issues are implicated? - answer - 14th amendment
--"due process of law"
--- limits civ pro bc CP is an exercise of power
--- fairness in proceeding and in location of forum
--- const sets the limit of a state's juris
international shoe co. v. state of washington issues - answer (1) is ISC
"amenable to proceedings?"
(2) does it violate due process clause for WA to compel contributions to its
unemployment fund?
ISC co. v WA cont'd - answer - SCOTUS looked into "minimum contacts"
within the state to see if it qualifies as biz subject to taxes of state
what is the traditional basis for jurisdiction? - answer - if def not present
within the territory of the forum, def MUST have certain MINIMUM
CONTACTS w it such that the maintenance of the suit does not offend
"traditional notions of fair play and substantial justice"
, "present" or "presence" of corp? - answer - symbolize those activities of
the corp's agent within the state which courts will deem to be sufficient to
satisfy demands of due process
- when?
-- when such contacts of corp w the state of the forum make it reasonable
to req corp to defend particular suit that brought it there
- what?
-- presence in the state never doubted when activities of the corp there
have not only been "continuous and systematic" but also "give rise to
liability sued on"
- isolated contacts w the state?
-- generally recognized that casual presence of corp agent or even his
conduct of single or isolated items of activity in state in corp's behalf are
not enough to subject it to suit unconnected activities there
PJ analysis - answer - not simply mechanical or quantitative
- quality and nature of activity in relation to the fair and orderly admin of
laws
-- due process clause does not contemplate that a state may make a
binding judgment in personam against an individual or corporate def w
which the state has no contacts, ties, or relations
benefits and protections - answer - to the extent that corp exercises
*privilege of conducting activities* in the state, it enjoys the *benefits and
protections* of the law of that state
- exercises of that privilege may give rise to *obligations*
-an obligations arise out of or are connected w activities within the state,
a procedure which req the corp to respond to a suit brought to enforce
them can usually hardly be said to be undue
-- ie taxation proportional to contacts within the state
-- specific jurisdiction
SCOTUS decision in Shoe - answer -ISC's activities were neither irregular
nor casual; they were "systematic and continuous"
- received the benefits and protections of the laws of the state
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GUARANTEEDSUCCESS. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now