5 Written questions
5 Matching questions
- Modern Standard for PJ: International Shoe (minimum contacts must satisfy?)
- Choice of Law Clause
- Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem
- Determining Whether court can exert PJ
- Actions Constituting Consent
- a 1) Traditional notions of fair play and 2) substantial justice
- b Identify's which state law is to be applied. Does not necessarily mean that the case must be tried in that state only what law is to be applied
- c 1. Implied Consent 2. Filing an Action 3. Making a General Appearance 4. Express Consent by Contract 5. Appoint an Agent for Service 6. Fail to Raise a Timely Objections
- d 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
- e 1. in personam = need personal service on D within forum state 2. in rem = Jurisdiction obtained by attaching property at beginning of suit
5 Multiple choice questions
- A minimum contacts theory - you place a product in a stream of commerce and you are subject to PJ wherever that stream may take it.
- D's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction
- a. 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
- Party may agree to jursidicion before claim arises. Often part of commercial contract in the form of a "forum selection clause." never overturned
- Resolves dispute about the property
5 True/False questions
Modern Standard for PJ: SOC - Brennan Decision in Asahi (Four in Support) → Placing a product in SOC is insufficient for minimum contacts.
Consent: Appointed Agent for Service → D has appointed an agent for service within the jurisdiciton of the court
Modern Standard for PJ: Purposeful Availment → Can be satisfied by doing business in the forum. Such efforts suffice as sufficent to put such a D on notice that it is subject to suit there
Modern Standard for PJ: SOC - O'Connor Decision in Asahi - 5 ways to avail yourself → Placing a product in SOC is insufficient for minimum contacts.
Original Standard for PJ: Presence Standard of PJ (Pennlyer v. Neff) → 1. If D is present in state or wons property in state, state has PJ 2. State can't exercise jurisdicion over persons or property outside of its territory 3. State must ahve jursidiction at the outset 4. Judement void if court doesn't have jurisdiction