t*******s
发帖数: 25 | 1 今年暑假去加州玩，在洛杉矶发生了一些纠纷，现在已经回来了，请问我可以在我这边的
法院提起诉讼吗？我不在加州的说 | o****e
发帖数: 195 | 2 hoho, personal jurisdiction question... we were just studying this in civil
pro...
if the person you are suing has nothing to do with your home state, you can't
sue him in your home state.
however, if your law suit involves more than $7500 in damages, you can sue in
the federal district court in your home state.
all the 2L and 3Ls, is my answer correct?
的
【在 t*******s 的大作中提到】
: 今年暑假去加州玩，在洛杉矶发生了一些纠纷，现在已经回来了，请问我可以在我这边的
: 法院提起诉讼吗？我不在加州的说
| t*******s
发帖数: 25 | 3 请问有什么地方可以查到相关条文吗？偶是法盲的说
anything
civil
can't
in | o****e
发帖数: 195 | 4 I was not clear in the first post. This is what I meant:
If there is no minimum contact between the defendant and the home state of the
plaintiff, then plaintiff can't sue him in the state court of his home state.
Is this correct?
anything
civil
can't
in | s**u
发帖数: 91 | 5 It seems for me:
Before "however" is about personal jurisdiction, after "however" is about
subject matter. Two kinda different stories. Don't mix them up, or you will
lose a lot of points in your final.
What he or she asked is about "personal jurisdiction" question. therefore:
(too much to say, give you a list from my outline. hehe. Lazy!!!)
-1st, whether there is a state statute that authorizes it to exercise PJ?
-Long-arm Statutes
-2nd, if there is, whether it would be constitutional under the
【在 o****e 的大作中提到】
: I was not clear in the first post. This is what I meant:
: If there is no minimum contact between the defendant and the home state of the
: plaintiff, then plaintiff can't sue him in the state court of his home state.
: Is this correct?
:
: anything
: civil
: can't
: in
| o****e
发帖数: 195 | 6 You are right. The original poster never mentioned whether he wanted to sue
in a state ct or fed ct. first of all, it's a Pjdx question. if the case
passes Pjdx test, then at least it can be brought to the state ct there, since
for most civil cases the subject matter jdx in state ct is quite broad.
if, for some reason, P wants to bring the case to a fed ct, then the case has
to go though subject matter jdx test.
thanks for clarifying this, i was just struggling w/ my civ pro outline :)
you
【在 s**u 的大作中提到】
: It seems for me:
: Before "however" is about personal jurisdiction, after "however" is about
: subject matter. Two kinda different stories. Don't mix them up, or you will
: lose a lot of points in your final.
: What he or she asked is about "personal jurisdiction" question. therefore:
: (too much to say, give you a list from my outline. hehe. Lazy!!!)
: -1st, whether there is a state statute that authorizes it to exercise PJ?
: -Long-arm Statutes
: -2nd, if there is, whether it would be constitutional under the
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