Texas

Cory v. White in Texas Law

How Cory v. White applies in Texas: state-specific rules, key cases, and bar exam notes for Civil Procedure.

State Approach

In Texas, the principles established in Cory v. White regarding jurisdiction and the necessity of a fair hearing are consistently applied. Texas courts emphasize due process and the ability of parties to present evidence and argument in a meaningful way as fundamental to their procedural justice.

State Rule
Texas Rule of Civil Procedure 120a outlines the criteria and procedures for determining personal jurisdiction, ensuring compliance with both statutory and constitutional requirements for jurisdiction.
Significant State Cases

Davis v. Texas

The Texas courts reaffirmed that jurisdiction is established through sufficient minimum contacts and fair play.

Parker v. Turner

Further clarified the standards for exercising jurisdiction over non-residents, emphasizing the need for intentional contacts with the forum state.

BMC Software Belgium, N.V. v. Marching Order, Inc.

Established that jurisdiction is proper where the non-resident purposely avails themselves of the Texas market.

Comparison to Federal Law

Texas's approach to jurisdiction mirrors the federal due process standards but also includes more specific statutory rules on venue and jurisdiction that reflect state interests. Both systems require personal jurisdiction to be established through meaningful contacts, but Texas has its own codified methods that can differ in application from federal rules.

Bar Exam Note

Understanding the nuances of jurisdictional principles as seen in Cory v. White is critical for the Texas bar exam, particularly in questions relating to civil procedure and jurisdiction.

Practice Pointers
  • Always assess minimum contacts when determining jurisdiction in Texas.
  • Familiarize yourself with Texas Rule of Civil Procedure 120a regarding special appearances to contest jurisdiction.
  • Prepare detailed arguments regarding the fairness of jurisdiction when dealing with out-of-state defendants.

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