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CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction.

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Presentation on theme: "CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction."— Presentation transcript:

1 CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction Venue Venue Transfer Forum non conveniens + +

2 WHERE WE ARE Territorial (Personal) Jurisdiction Territorial (Personal) Jurisdiction Federal CourtState Court PowerProcess

3 SMALL GROUPS Reporting Back Which cases are most & least consistent with International Shoe?

4 SMALL GROUPS Reporting Back Which cases are most & least helpful in predicting future outcomes?

5 SMALL GROUPS Reporting Back Which cases reach good results on the facts?

6 BONUS QUESTION Which cases could be avoided with better advance planning by the parties or the state?

7 TAKEAWAYS Specific Jurisdiction Themes General Modern communications & “fairness” Tort cases “stream of commerce analysis “foreseeability” analysis circularity “purposeful availment”

8 TAKEAWAYS Specific Jurisdiction Themes Contract cases power imbalances

9 TAKEAWAYS Specific Jurisdiction Doctrine Elaborating “minimum contacts” Claim/contact relationship “Purposeful availment” “Foreseeability” Fairness


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