Two Civ Pro Questions ( 5/14th Amendment & Bases of PJ)

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Two Civ Pro Questions ( 5/14th Amendment & Bases of PJ)

Postby RR320 » Wed Dec 07, 2011 6:16 pm

1. Why is the 5th Amendment ever hardly used when discussing the Due Process Clause and PJ?

2. Are the bases for PJ only for General or are they for specific as well, and how many are there 5 or 6?

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cinephile
Posts: 3469
Joined: Sun Jul 18, 2010 3:50 pm

Re: Two Civ Pro Questions ( 5/14th Amendment & Bases of PJ)

Postby cinephile » Wed Dec 07, 2011 7:05 pm

RR320 wrote:
2. Are the bases for PJ only for General or are they for specific as well, and how many are there 5 or 6?


Hopefully I can answer this part. It's for specific too.
There's tag jurisdiction
General - systematic and continuous contacts
Specific - arising from the minimal contacts
Specific - quid pro quo
And other fairness factors

I'm sure I forgot something, we spent only 1 day on International Shoe

NonTradHealthLaw
Posts: 401
Joined: Mon May 03, 2010 2:44 pm

Re: Two Civ Pro Questions ( 5/14th Amendment & Bases of PJ)

Postby NonTradHealthLaw » Wed Dec 07, 2011 7:15 pm

RR320 wrote:1. Why is the 5th Amendment ever hardly used when discussing the Due Process Clause and PJ?


Because 5th is for Federal Courts and 14th is for State Courts. PJ doesn't seem to be as big of an objection for cases in federal courts...at least in casebook land.




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