Service of Summons formal notice of lawsuit delivery to the D in person while

Service of summons formal notice of lawsuit delivery

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Service of Summons (formal notice of lawsuit) - delivery to the D in person while the D is physically within the forum state (alternatives if D is a resident) Corporate Defendants - registered agentLong-arm Statutes - substantial contact with the forum state General personal jurisdiction - substantial continuing contactsSpecific personal jurisdiction - particular issue (Ex: internet) Fighting Personal Jurisdiction - Don’t communicate unless special appearance! (IE Do NOT defend the case) In Rem Cases - State and federal courts inherently have in rem jurisdiction over any item of property located in the forum state whether the property is real estate or and item of tangible or intangible personal property Venue Jurisdiction throughout the state, but where is it appropriate within the state? Convenience, impartial jury - appropriate in either the county where the defendant resides or where the accident or transaction took place Forum Non-conveniens About convenience, no forum shopping Where did the point of issue take place?Conflict of Laws Ea. state has set of choice of law rules for determining which state’s or nation’s law should be used to resolve the case
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Court of Law & Equity No longer two courtsOnly a judge can rule on issues of equity Common equitable action - divorce, specific performance, probate
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  • Spring '08
  • Baker
  • Law, Law of the United States, general trial courts

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