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Approaching Personal Jurisdiction On TestTips

Approaching Personal Jurisdiction On TestTips - R Santalesa...

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R. Santalesa Civil Procedure Spring 2002 Approaching Personal Jurisdiction Problems On Exams. (Open book exam) 1. First read the problem, map it out, list the parties and relevant facts 2. Next - What is the posture of the case? 1. Have you been asked to be a judge and decide? 2. Are you an advocate for one party or another? 3. Are you an associate writing a memorandum of law? 3. IS THERE AUTHORIZATION FOR JURISDICTION? A. Is there a long-arm statute under the forum state? If so, you explain the analysis of it. IF NOT, mention the fact that there is no need to examine the state’s statute for personal jurisdiction. B. Then, go straight to constitutional analysis of jurisdiction. Is there jurisdiction under traditional pre- International Shoe ? i. Individuals o Was the defendant served in the forum? If so, there’s ALWAYS personal jurisdiction. o Did defendant consent to jurisdiction? Was consent express or possibly implied from
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