LAW 521-002 – 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: