NAME

Question Types


Start With


Question Limit

of 39 available terms

Advertisement Upgrade to remove ads

5 Written Questions

5 Matching Questions

  1. Modern Standard for PJ: SOC - The Asahi Case
  2. PJ - Type 1 Quasi in rem
  3. Consent: Failure to raise a timely objection
  4. Modern Standard for PJ: Physical Presence as Basis for Jurisdiction
  5. Choice of Law Clause
  1. a 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
  2. 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
  3. c Defendant doesn't show or respond in any way
  4. d Resolves dispute about the property
  5. e Left off pg. 4 of outline

5 Multiple Choice Questions

  1. Placing a product in SOC is insufficient for minimum contacts.
  2. D's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction
  3. 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.
  4. D has appointed an agent for service within the jurisdiciton of the court
  5. 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

5 True/False Questions

  1. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration1) 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

          

  2. Consent: Filing an ActionP submits to a court's jurisdiction by filing an action. Never overturned.

          

  3. 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

          

  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: Purposeful Availment - 5 Factors for No Jurisdiction (the No No's)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

          

Create Set