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TODAY’S CLASS

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.

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TODAY’S CLASS

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  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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