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5 Written questions

5 Matching questions

  1. Consent: Appointed Agent for Service
  2. Modern Standard for PJ: SOC - Brennan/O'Connor Synthesis (Two Options to Establish a Majority)
  3. Modern Standard for PJ: Purposeful Availment
  4. Modern Standard for PJ: SOC - The Asahi Case
  5. Consent: Failure to raise a timely objection
  1. a 1) If you have a product in the SOC and you have established additional contacts as outlined by O'Connor than you have a majority of 8 justices 2) If you have a product in the SOC and over 100,000 units than you have a majority of 5 justices
  2. b Court 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
  3. c Defendant doesn't show or respond in any way
  4. d D has appointed an agent for service within the jurisdiciton of the court
  5. e 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

5 Multiple choice questions

  1. 1) Intend to serve forum market 2) Design product for that market 3) Advertise in forum market 4) Establish channels for providing service in that market 5) Have designated distributor in the state
  2. 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)
  3. Jurisdiction over property. Can have constructive service
  4. Identify's which forum the case is to be tired in. Constitutes a waiver for PJ in that forum
  5. 1) Purposeful Availment - Contract alone doesn't establish minimum contacts. 2) No jurisdiction if contract is obtained fraudulently

5 True/False questions

  1. Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem1. 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


  2. Modern Standard for PJ: Purposeful Availment - Reasonableness ConsiderationRelationship between D and forum must not violate fair play and substantial justice/reasonableness


  3. 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


  4. Modern Standard for PJ: International Shoe Minimum Contacts Test1) Traditional notions of fair play and 2) substantial justice


  5. Modern Standard for PJ: SOC - O'Connor Decision in Asahi (Four in Support)Putting product in SOC with expectation it may be sold in forum establishes minimum contact. Even indirect efforts to market in forum establish min. contacts


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