Civ Pro Personal Jurisdiction Question

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BCLS

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Posts: 555
Joined: Mon Aug 23, 2010 9:40 am

Civ Pro Personal Jurisdiction Question

Postby BCLS » Tue May 10, 2011 2:34 pm

Hi Guys,

I have seen two standards, "arise out of," or "arise out of, or relate to," to describe specific jurisdiction. The most common appears to be the former, but I read one case where the latter was mentioned. Obviously the latter is much broader and would be advantageous for a plaintiff in many ways.

My question is: which is correct? is there no consensus and on an exam it is best to note the two interpretations? Thanks guys.

jkay

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Posts: 387
Joined: Mon May 03, 2010 2:47 pm

Re: Civ Pro Personal Jurisdiction Question

Postby jkay » Tue May 10, 2011 2:53 pm

PJ is mushy, the more arguments for BOTH SIDES you can throw around, the more points you will get.

Don't forget that before a claim "arises from" an action, the actor usually has to "avail themselves of the benefits and protections" of the forum state.



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