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corporation as for an individual○means for serving summons on a corporation if there is no appearance: ○must have a registered agent in the forum state Long-arm Statutes and Due process●allows a state to exercise jurisdiction over out-of-state defendants, provided that the government can prove that the defendant has at least minimum contacts in the forum state.●Minimum contact and substantial context. establishes that so long as a corporation hada degree of contact within the state bringing suit, they are subject to the laws of the state and can be sued by and within the forum state in court.○General personal jurisdiction:when the nonresident has had substantial continuing contacts with the forum state. So much activity within the state that it can be sued for anything.○Specific personal jurisdiction: if the defendant has intentionally had any act in theforum state at all. Activity directed within the state ●100 mile bulge provision: allows a federal court to exercise personal jurisdiction 100- miles of the court even if they are located in another state Rule.●4(K)(2) base on question of federal law: allows a federal court in a case in which subject matter jurisdiction is based on a question of federal law to exercise personal jurisdiction over a foreign defendant that has enough contacts with the U.S. as a whole to establish personal jurisdiction In Rem Cases:●court not required to have personal jurisdiction over a particular party●state and federal courts have inherent in rem jurisdiction over any item of property located in the forum stateRelated matters●Venue: only refers to the geographic location where the court is taking place. Like if you can’t decide if you want to file a case in San Antonio vs. Austin.○EX: Bernie - the movie about the small town that they had to move the venue because everyone loved the murderer and hated the lady that was killed
●Conflict of the law (pg 44)○when several state laws are applicable to the case○choice of law rules: designed to prevent a plaintiff with multiple jurisdictions from which to choose from “forum shopping” for the jurisdiction with the laws most favorable to him or her○case against Union Carbide that was transferred from federal court in NY to a court in India under forum non convenience.Chapter 3Adversarial system●Who tells the best story. ●Legal system is set up under an adversary system, responsible for each party to know all the laws and evidence before the trial, can’t go into the courtroom and ask the judge for help, and can confidently bring case into the courtroom.○Judge usually is a neutral third party.●The Adversarial System: both civil and criminal proceedings in the US are based on this (English legal system)The Inquisitorial system: used in European nations (not English legal system)●trial judge or panel of trial judges have most of the control over the process and the parties have less power ●