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Understanding Jurisdiction: Key Concepts and Precedents in Law**

Join us in today's class where we will explore vital legal concepts related to jurisdiction. We will review Washington Equipment Manufacturing v. Concrete Placing Co. and Burnham v. Superior Court, focusing on general jurisdiction and arguing from precedent. Key skills include reading case law, understanding due process under the 5th and 14th Amendments, and assessing precedential value. We will also discuss upcoming class topics on personal jurisdiction based on consent. Don't forget to complete the mid-quarter feedback forms!

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Understanding Jurisdiction: Key Concepts and Precedents in Law**

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Presentation Transcript

  1. 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

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

  3. FEEDBACK ON COURSE • Mid-quarter feedback forms • Still welcome! • DM Question about questions • Power v. process • Mutually exclusive or • Overlapping

  4. 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?

  5. CONCEPTUAL FRAMEWORK Choosing a Trial Court + +

  6. International Shoe “Boxes” Claim Related Unrelated Contacts Systematic Isolated & continuous Jurisdiction | ? | | _____________ |______________| | | ? | No jurisdiction | |

  7. SKILLS: READING CASES Wash. Equip. Mfg. v. Concrete Placing Co., p. 148 • General jurisdiction • Pl’s argument? • Why?

  8. SKILLS: READING CASES Wash. Equip. Mfg. v. Concrete Placing Co., p. 148 • General jurisdiction • Court’s view? • Why?

  9. SKILLS: READING CASESDetails Wash. Equip. Mfg. v. Concrete Placing Co., p. 148 • “dismissal with prejudice” • !!!

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

  11. SKILLS: ARGUING FROM PRECEDENT • Burnham v. Superior Ct., p. 150 • Rule choice • What gap or ambiguity is addressed in Burnham?

  12. 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?

  13. SKILLS: READING CASESRule Choice Options • What rule choice options are suggested by the Justices in Burnham?

  14. SKILLS: READING CASESRule Choice • The S.Ct.’s choice? • How do you know?

  15. SKILLS: READING CASESAssessing Precedential Value • Precedential value of Burnham? • Reorganize the conceptual framework?

  16. SKILLS: ARGUING FROM PRECEDENT • Interpreting the constitution • Original intent • Precedent • Agree with plurality’s approach? Why?

  17. 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?

  18. TAKEAWAYSGeneral Jurisdiction • Conceptual Frameworks • Personal Jurisdiction • Where does Burnham leave us? • Skills: Arguing From Precedent • Rule Choice • Counting Votes & • Assessing Precedential Value

  19. 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, ???

  20. TOMORROW: IN CLASS • Topic: PJ Based on Consent • Before Class • Read Hypothetical on Web • Types of Consent clauses • Consent on the Internet Hypo

  21. TOMORROW: IN CLASS • Topic: Consent • In class • Types of Consent clauses • Skills: Arguing From Precedent • Hypothetical: Consent on the Internet

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