Personal Jurisdiction and Federal Rules of Civil Procedure

These flashcards cover key legal concepts and terminology related to personal jurisdiction, federal rules of civil procedure, and relevant case law as discussed in the lecture notes.

Personal Jurisdiction

The power of a court to hear a case involving a particular defendant.

Subject Matter Jurisdiction

The authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

FRCP 12(a)(1)(A)

Requires defendants to serve an answer within 21 days after being served with the complaint.

FRCP 12(b)(1)

Motion to dismiss a case due to lack of subject matter jurisdiction.

FRCP 12(b)(6)

Motion to dismiss for failure to state a claim upon which relief can be granted.

Federal Long Arm Statute (FRCP 4(k))

Allows federal courts to extend jurisdiction over defendants not normally subject to it, provided due process requirements are met.

Minimum Contacts

The requirement that a defendant must have certain minimum contacts with the forum state in order for the court to exercise personal jurisdiction.

Fair Play and Substantial Justice

A legal standard that assessments of personal jurisdiction must meet, ensuring that the exercise of jurisdiction is fair and reasonable.

Forum Selection Clause

A contractual provision that designates the jurisdiction where disputes will be resolved.

Full Faith and Credit Clause

A clause in the U.S. Constitution requiring states to respect the public acts, records, and judicial proceedings of every other state.

Plausibility Pleading (Twombly and Iqbal Standard)

A standard requiring that pleadings must show a plausible claim for relief, rather than just a possible one.

Quasi in Rem Jurisdiction

A type of jurisdiction that allows a court to seize a defendant's property in order to settle the legal dispute.

General Personal Jurisdiction

The ability of a court to hear any and all claims against a defendant based on their substantial connections with the forum state.

Specific Personal Jurisdiction

The ability of a court to exercise jurisdiction over a defendant based on specific activities that occurred within the forum state.

International Shoe standard

The requirement for sufficient contacts with the forum to establish jurisdiction, moving from presence to fairness.

Diversity Jurisdiction

The jurisdiction of federal courts to hear cases based on parties being from different states and claims exceeding $75,000.

28 U.S.C. §1391

The statute that outlines the proper venue for federal civil lawsuits.

Discretionary Refusal

The court's ability to dismiss a case or transfer it to a more suitable forum based on the interests of justice.