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11 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Pennoyer v Neff
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Mitchell sued non-resident Neff in Oregon for <$300 in attorney fees Neff owed him, Neff never appeared, later Neff bought property in Oregon, which was seized in his absence by sheriff to pay off Mitchell and sold to Pennoyer. Neff sued Pennoyer, won, Pennoyer appealed, Court affirmed for Neff.
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Was it legal for the state of Oregon to register a judgment against Neff without personal service of process? NO, territorial theory of in personam jurisdiction Have to have: PRESENCE DOMICILE VOLUNTARY GENERAL APPEARANCE ACTUAL CONSENT IMPLIED CONSENT |
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Zane v New Jersey
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Prohibited driving by nonresidents until a person who can receive process on the nonresident's behalf is formally appointed (trooper at the border with clipboard visual).
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actual consent for in personam jurisdiction |
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Hess v Pawloski
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Hess, from Pennsylvania, goes to Mass. and has an accident and injures Pawloski.
Pawolski sues, using a Mass. long arm statute that says you give implied consent to be sued when you drive on Mass. roads. Hess argues it's unconstitutional under Fourteenth Amendment. Court holds for Pawloski saying the long arm statute doesn't violate Full Faith and Credit. UPHOLDS LEGAL FICTION OF CONSENT. THIS WILL CHANGE LATER. |
PJ can be obtained by implied consent, and will be constitutional under the Due Process clause, ALTHOUGH WE REALLY KNOW THIS IS A FICTION |
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International Shoe v Washington
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MATRIX IN CLASS NOTES; Allowed in personam juris, which it said satisfied Due Process, if there were "minimum contacts" and if there is "fair play and substantial justice"
OLD RULE OF PJ WAS TERRITORIAL: MUST BE PRESENCE, TAG, EXCEPT IN CERTAIN SITUATIONS WHICH SUBSTITUTE FOR PRESENCE, I.E. CONSENT NEW RULE: THERE MUST BE SUFFICIENT CONNECTION CALLED CONTACTS BETWEEN DEFENDANT AND FORUM STATE OF WHICH PRESENCE IS THE CLASSIC BUT NOT EXCLUSIVE EXAMPLE |
minimum contacts requirement per Due Process clause of Fourteenth Amendment |
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Perkins v Benguet Consolidated Mining Co.
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In personam jurisdiction does not have to go as far as Intl Shoe would allow even if long arm statutes exist and apply to the case. It's not unconstitutional to the plaintiff because the Constitution does NOT guarantee this.
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limits on long arm statutes (don't have to be used, even if they can be, that's not unconstitutional) |
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Gray v American Radiator & Standard Sanitary Corp
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Changed requirements for juris so now it is sufficient if the act or transaction itself has a substantial connection with the State of the forum. THIS IS TITAN (water heater w/bad valve)
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McGee v international Life Insurance Co.
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long arm statute. insurance contract was enough to give juris, but court questioned constitutionality and decided it was constitutional because of foreseeability.
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foreseeable hailability: this case was foreseeably to be brought in forum state |
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Flexner v Farson
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the mere transaction of business in a state by non-resident natural persons does not imply consent to be bound by the process of its courts because of Article IV Full Faith and Credit and privileges and immunities clauses
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World-Wide Volkswagen v Woodson
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"foreseeable hailability": it wasn't foreseeable to WWV that they would be hailed into court in Oklahoma, not foreseeable in that forum state
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Pennington v Fourth National Bank
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Seider Doctrine: intangible property can be used to gain personal jurisdiction through quasi in rem.
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Seider Doctrine Pennington Principles |
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Harris v Balk
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obligation of debtor clings to the debtor (for personal jurisdiction); so, where debtor is, there is personal jurisdiction. Balk was transiently in the state.
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Obligation of debtor clings to debtor for PJ |