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: the rules regarding the making of an appearance are the same for a corporation as for an individual oLong-Arm Statutes: specifies that personal jurisdiction can be acquired over a nonresident defendant who has "done business" or committed a "tort" within the forum stateoSpecial Appearance: a motion filed with the court in the forum state asking that the case be dismissed for the sole reason that the defendant has not had substantial contact with the forum state and that there is thus no basis for the court to exercise personal jurisdiction oDue process requirement of significant contacts:General personal jurisdiction: occurs when the nonresident has had "substantial continuing contacts" with the forum state Specific personal jurisdiction: occurs when the nonresident defendant has intentionally engaged in a specific act in the forum state or targeted the forum state in some manner, and if the dispute arises out of that specific contact Calder Effect Test: A defendant’s tortious acts can serve as a source of PJ only where plaintiff makes a prima facie showing that defendant’s acts were intentional, uniquely or expressly aimed at forum state, and caused harm suffered in forum state and defendant knew such harm was likely to be suffered.oPersonal Jurisdiction in Federal Courts Geographic concept 100 mile "bulge provision"Rule 4(k)(2) of the Federal Rules of Civil Procedure Personal Jurisdiction and Subject Matter Jurisdiction oRelated matters to consider:VenueEx. If a state district court in Texas has subject matter and personal jurisdiction in a case filed by P, every district court in Texas has such jurisdictionForum Non ConveniensThe court may choose to transfer the suit or even dismiss it, forcing the plaintiff to file in the more convenient courtConflict of laws To determine which state’s laws apply, we must resort to the choice of law rules which are designed to prevent “forum shopping”Tort Cases: when you can hold people accountable for negligenceIn deciding which states has the most significant relationship to the occurrence and the parties
The place where the injury occurredThe place where the conduct causing the injury occurredThe domicile, residence, nationality, place of incorporation, the place of business of the partiesThe place where the relationship, if any, between the parties is centered Law, Equity, and Remedies In all legal controversies, the plaintiff is asking for a remedy oRemedy: an order addressed to the defendant, requiring that person either to pay money or to do (or not to do) a particular act oLegal and equitable1.Courts of Law: remedies at lawMoney damagesPossession of real estatePossession of personal property 2.Courts of Equity Divorce actionsMortgage foreclosure suitsBusiness partnershipsProbate of a deceased person's estate Trust beneficiaries CHAPTER 3: LITIGATION AND ALTERNATIVE METHODS OF DISPUTE RESOLUTION