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Consent Jurisdiction

Consent Jurisdiction. 5 Keys to Courthouse Door. Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction. Consent Jurisdiction. Basic Concept: If you agree to be sued in the forum state, you can be sued in the forum state

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Consent Jurisdiction

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  1. Consent Jurisdiction

  2. 5 Keys to Courthouse Door • Transient Jurisdiction • Domicile Jurisdiction • Consent Jurisdiction • Long-Arm Jurisdiction • General Jurisdiction

  3. Consent Jurisdiction • Basic Concept: If you agree to be sued in the forum state, you can be sued in the forum state • Types of Consent Jurisdiction • Consent in the litigation • Advance Contractual Consent • Advance “Coerced Consent” • “Implied Consent”

  4. Consent in the Litigation • Appearing without objecting • Waiver • intentional • unintentional • Filing suit • Consents to pj for counterclaims • Litigating personal jurisdiction and losing

  5. Litigating PJ & LosingJurisdiction to Decide Jurisdiction • You represent D in the Grocery Hypo. • P files suit in MO and serves D in KS. • If you do not believe MO Ct has PJ, what are your options?

  6. Option 1 Default Judgment for Plaintiff Stay home and ignore the Lawsuit What will happen?

  7. How Will P Enforce the Judgment P Asks KS Courts to Execute Etc. • In response, • D can defend based on lack of PJ • D can defend based on lack of SMJ, • D cannot defend on the merits.

  8. Option 2 • Go to MO and Challenge PJ • If D loses on PJ issue at trial D may • Defend on the merits • Appeal • If D still loses on PJ issue, D is bound

  9. What if there is a factual dispute? • Suppose (e.g.) P claims & D denies that P went to the store as a result of the KC Star Ads. • How will this factual dispute be resolved?

  10. Advance Contractual Consent • Forum Selection Clauses • Consent to PJ in forum • Designation of agent to receive process • Prompt transmittal to D • Contrast • Exclusive forum (ouster) clauses • Choice of law clauses

  11. Advance “Coerced” Consent • If Corporation wants to do business in the state, it must • Consent to state’s pj • Appoint agent for receipt of process • Types • General • Specific

  12. Implied Consent Statutes • If D, engages in certain conduct • Drives in the state • Does business in the state without registering, • D will be “deemed” to have • Consented to state’s pj for c/a arising out of conduct, and • Appointed state officer as agent for receipt of process • These statutes rest on a fiction • Since International Shoe, they no longer provide an independent basis for personal jurisdiction • But, • The conduct usually justifies long arm jurisdiction anyway • The service procedure is sometimes adequate.

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