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Understanding Personal Jurisdiction: Consent Clauses and Forum Selection

Delve into the complexities of personal jurisdiction in trial courts, exploring consent clauses and forum selection options for reaching substantial justice and fair play. Analyzing pivotal legal cases and rules to grasp the nuances of this crucial concept.

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Understanding Personal Jurisdiction: Consent Clauses and Forum Selection

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  1. CONCEPTUAL FRAMEWORK Choosing a Trial Court + +

  2. Personal (Territorial) Jurisdiction Power Process Minimum Contacts + Substantial Justice & Fair Play Presence? Consent? Domicile?

  3. Personal Jurisdiction ala Yeazell Basis Process Power Consent Minimum Contacts + Substantial Justice & Fair Play Presence Domicile

  4. CONSENT CLAUSESThe Options Jurisdictional Waiver Clause • John Rudzewicz appoints Alyssa Vegter, resident in Miami, Florida, as his agent for service of process.

  5. CONSENT CLAUSESThe Options Jurisdictional Waiver Clause • Effect • permits, doesn’t require, suit in specified place • waives defendant’s jurisdictional objections • ½ way to forum clause • Valid? • Upheld • Nat’l Equipment Rental, p. 168

  6. CONSENT CLAUSESThe Options (cont.) Choice of Law Clause • The parties agree that any litigation arising out of this agreement shall be governed by the law of Florida.

  7. CONSENT CLAUSESThe Options (cont.) Choice of Law Clause • Effect • Specifies applicable law • Doesn’t affect where lawsuit is heard • Validity • Cf. Burger King, p. 141 • Permissible to specify “law of Japan”? • See Rule 44.1 • Limits?

  8. CONSENT CLAUSESThe Options (cont.) Forum Selection Clause • The parties agree that any litigation arising out of this agreement shall be brought in the Dade County Circuit Court in Miami

  9. CONSENT CLAUSESThe Options (cont.) Forum Selection Clause • Effect • Specifies where litigation must be brought • Validity • Upheld • Carnival Cruise Lines, p. 169

  10. CONSENT CLAUSESThe Options (cont.) The Cognovit Note • John Rudzewicz appoints Ali Tarbox as his agent for the purpose of confessing judgment.

  11. CONSENT CLAUSESThe Options (cont.) The Cognovit Note • Effect • Lawsuit filed • Agent appears for SP & admits allegations • Rare (often forbidden by state statute) • Validity • upheld if “knowing waiver” and consideration • Overmyer v. Frick (p. 174)

  12. CO NSENT CLAUSESThe O ptions (cont.) The Cognovit Note • To challenge • Defendant becomes plaintiff • seeks to reopen judgment already entered • See Rule 60

  13. THE POWER OF FORUM SELECTION CLAUSES • Which of the pj cases we’ve already studied could have been resolved by inserting a forum selection clause? (p. 173, note 3a.) • Does that mean lawyer commits malpractice by not including one in every contract? (p. 173, note 2b)

  14. REVIEW OF PJ RULES Carnival Cruise Lines v. Shutes, p. 169 • Review of Personal Jurisdiction • Absent forum selection clause • Where could Shutes have sued? • Where could Carnival have sued? • Obstacles?

  15. SKILLS: READING CASES Carnival Cruise Lines v. Shutes, p. 169 • Rule Choice Options? • Court’s Rule Choice? • Do you agree? Why?

  16. SKILLS: READING CASESIdentifying Black Letter Law • What test did the court apply ? • Forum clause in form contract upheld if • Reasonable • Satisfies fundamental fairness • Not inserted in bad faith • Not used to discourage claims • No fraud, etc. to gain consent • Notice

  17. SKILLS: ARGUING FROM PRECEDENT • Hypothetical: Consent on the Internet • WA Brandon owns Divine Chocolates. • Sells chocolates over internet. • Forum selection clause – KC Superior Ct • Must NY Beth sue Brandon in KC?

  18. TAKE AWAYS • Conceptual Frameworks • How does consent fit into the PJ framework?

  19. TAKEAWAYS • Consent Clauses • Lawyers respond to legal doctrine • Recognize what consent clauses do • Black Letter Law • Forum clauses enforceable if • Satisfy fundamental fairness • Not discourage legitimate claims

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