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5 Written Questions

5 Matching Questions

  1. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration
  2. PJ - Type 2 Quasi in rem
  3. Consent: Appointed Agent for Service
  4. PJ - Type 1 Quasi in rem
  5. Consent: Implied Consent (Hess v. Pawloski
  1. a D has appointed an agent for service within the jurisdiciton of the court
  2. b D, a non resident gets into an accident with P when driving in P's state. State statute says D, by driving on state roads, gave implied consent to be served through a third party in state.
  3. c Resolves dispute about the property
  4. d Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  5. e Dispute is unrelated to the property. The property is attached to assert the court's jurisdiction over the property. *must be attached at the outset (Pennoyer)

5 Multiple Choice Questions

  1. Jurisdiction over property. Can have constructive service
  2. Jurisdiction over a person. Cannot have constructive service
  3. 1. Determine if Defendant has waived personal jurisdicion by consent 2. **Federal Courts look to Rule 4k1a and 4k1b 3. Examine state long arm statute 4. Perform due process analysis using Burger King for core analysis
  4. 1. in personam = need personal service on D within forum state 2. in rem = Jurisdiction obtained by attaching property at beginning of suit
  5. D's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction

5 True/False Questions

  1. Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activitya. P's unilateral activity of bringing product into forum doesn't satisfy minimum contacts b. D's foreseeability that product might make it into forum doesn't create jurisdiction c. D must reach out to forum to establish minimum contacts

          

  2. Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors1) Burden placed on D 2) Forum's interest in adjudicating the dispute 3) P's interest in obtaining relief 4) Interstate judicial system's interest in resolving disputes efficiently 5) Interest of all states in furthering social policies

          

  3. Modern Standard for PJ: Stream of Commerce (SOC) Theory Applied - Asahiif there are over 100,000 units in the SOC than Minimum contacts is met.

          

  4. Modern Standard for PJ: Purposeful Availment Prong (Burger King Test) 4 Factors1) Burden on D 2) Forum's interest in adjudicating the dispute 3) P's interest in obtaining relief 4) Interstate judicial system's interest in resolving disputes efficiently 5) Interest of all the states in furthering social policies

          

  5. Modern Standard for PJ: SOC - White Decision in AsahiCourt could not agree as to whether or not the SOC theory constitutes minimum contacts only that California's assertion of PJ over Asahi could not pass the reasonableness test

          

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