Civil Procedure

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Governing Law

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Terms in this set (102)

Governing Law

This question is governed by the Washington (WA) Rules of Civil Procedure.

Personal Jurisdiction Generally

The assertion of personal jurisdiction over a defendant must be both constitutional and authorized by statute.

Constitutional Basis for PJ

Constitutional Due Process requires either consent (implied or express, but not corp. appointment of agent), domicile , physical presence , OR sufficient minimum contacts with the forum state such that the maintenance of the suit does not offed traditional notions of fair play and substantial justice. Minimum contacts are sufficient if the defendant purposely avail himself to the privileges of the forum state, could reasonably foresee being haled into a Washington court, and if maintaining jurisdiction would be fair and reasonable considering the burden on the defendant and the interests of any non-forum state against the interests of the plaintiff and Washington state.

General Jurisdiction

If the cause of action is unrelated to the defendant's contact with the forum state, then the contacts must be systematic and continuous.

Specific Jurisdiction

If the cause of action arises from the defendant's contacts with the forum state, even one contact with Washington may be sufficient to meet the minimum contact test, as long as the litigation arose from that contact.