TODAY’S CLASS

Announcements Where We Are & What We’re

Doing Skills: Reading Cases

Washington Equip. Mfg. p. 145 Skills: Arguing From Precedent

Burnham, p. 150) Take-Aways & Tomorrow

ANNOUNCEMENTS

Reschedule Mon, Nov 10 Class Th, Nov. 13, 2:30 p.m.

FEEDBACK ON COURSE

Mid-quarter feedback forms Still welcome!

DM Question about questions Power v. process

Mutually exclusive or Overlapping

CLARIFICATIONDue Process

Federal government 5th Amendment

State governments 14th Amendment

Burger King Federal court PJ

FR 4(k)(1)(A) Piggybacks on Florida long-arm statute PJ under FL statute consistent with 14th

Amendment?

CONCEPTUAL FRAMEWORK Choosing a Trial Court

Choosing aTrial Court

(Federal or State Court)

Subject MatterJurisdiction

Personal Jurisdiction

VenueVenue Transfer

Forum non conveniens+ +

International Shoe “Boxes”

ContactsSystematic Isolated

& continuous

Jurisdiction | ? ||

_____________ |______________|||

? | No jurisdiction||

Claim Related

Unrelated

SKILLS: READING CASES

Wash. Equip. Mfg. v. Concrete Placing Co., p. 148

General jurisdiction Pl’s argument? Why?

SKILLS: READING CASES

Wash. Equip. Mfg. v. Concrete Placing Co., p. 148

General jurisdiction Court’s view? Why?

SKILLS: READING CASESDetails

Wash. Equip. Mfg. v. Concrete Placing Co., p. 148

“dismissal with prejudice” !!!

Power

Personal (Territorial) Jurisdiction

Process

Presence?Consent?Domicile?

Minimum Contacts+

SubstantialJustice

&Fair Play

SKILLS: ARGUING FROM PRECEDENT

Burnham v. Superior Ct., p. 150 Rule choice

What gap or ambiguity is addressed in Burnham?

SKILLS: ARGUING FROM PRECEDENT

Burnham v. Superior Ct., p. 150 Rule choice

What gap or ambiguity is addressed in Burnham?

Does “presence” still establish jurisdiction?

Must all assertions of pj satisfy minimum contacts?

SKILLS: READING CASESRule Choice Options

What rule choice options are suggested by the Justices in Burnham?

SKILLS: READING CASESRule Choice

The S.Ct.’s choice? How do you know?

SKILLS: READING CASESAssessing Precedential Value

Precedential value of Burnham? Reorganize the conceptual

framework?

SKILLS: ARGUING FROM PRECEDENT

Interpreting the constitution Original intent Precedent

Agree with plurality’s approach? Why?

SKILLS: ARGUING FROM PRECEDENT

Hypothetical President of Concrete Placing

liable as individual on guarantee of debt

attends Apple Cup served with process in Pullman

WA court personal jurisdiction?

TAKEAWAYSGeneral Jurisdiction

Conceptual Frameworks Personal Jurisdiction

Where does Burnham leave us?

Skills: Arguing From Precedent Rule Choice Counting Votes & Assessing Precedential Value

TAKEAWAYSGeneral Jurisdiction

General jurisdiction What is it?

Claims not related to def’s contacts w/ state What contacts permit gen’l jurisdiction?

Individuals Presence, domicile, ???

Corporations Incorporation, prinicipal place of business, ???

TOMORROW: IN CLASS

Topic: PJ Based on Consent Before Class

Read Hypothetical on Web Types of Consent clauses Consent on the Internet Hypo

TOMORROW: IN CLASS

Topic: Consent In class

Types of Consent clauses Skills: Arguing From Precedent

Hypothetical: Consent on the Internet