Civil Procedure I

Consent

Consent is a basis for personal jurisdiction. National Equipment Rental.

Can be gained:

• By Contract

  • Forum-selection clause
  • Choice of Law

    Choice of Law provision applies unless:

    • The choice has been obtained by unfair means, such as misrepresentation, duress, undue influence, or mistake.
    • The contract does not have a "reasonable relation" to the state chosen and the parties do not have a reasonable basis for the choice. Hooper v. Musolino.
    • The law of the state chosen is contrary to the public policy of the state whose law otherwise would govern.

    Hesch's: Courts will refuse to enforce a choice of law provision unless the contract has a "reasonable relation" to the state chosen. Hooper v. Musolino

• By Appointing an Agent

  • Appointment of an in-state agent to accept service
  • Only applies to state where the claim arose
• By Appearing in Court

Can also be implied:

• By operation of law

  • Motorist laws, dangerous activities, and sales of securities

• By failure to object

  • See Rule 12(h)(1)
  • Plaintiffs filing suit waive personal jurisdiction over counterclaims
  • Defendants filing counterclaims waive personal jurisdiction over suit
  • Can be viewed as consent or waiver.