5 Written questions
5 Matching questions
- Modern Standard for PJ: SOC - O'Connor Decision in Asahi (Four in Support)
- Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
- PJ - In personam
- Types of Personal Jurisdiction
- Consent: Generally
- a Jurisdiction over a person. Cannot have constructive service
- b 1) 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
- c 1. In personam 2. In Rem 3. Two Types of Quasi in Rem
- d Placing a product in SOC is insufficient for minimum contacts.
- e when given PJ is waived even if the party has no contacts with the state
5 Multiple choice questions
- Party may agree to jursidicion before claim arises. Often part of commercial contract in the form of a "forum selection clause." never overturned
- Left off pg. 4 of outline
- if there are over 100,000 units in the SOC than Minimum contacts is met.
- Jurisdiction over property. Can have constructive service
- Resolves dispute about the property
5 True/False questions
Modern Standard for PJ: International Shoe Minimum Contacts Test → 1) Traditional notions of fair play and 2) substantial justice
Modern Standard for PJ: Purposeful Availment - 5 Factors for No Jurisdiction (the No No's) → 1) No business activity in the forum 2) No sales or services 3) No purposeful availment of privileges and benefits 4) No solicitation of business 5) No attempt to serve forum's market directly or indirectly
Personal Jurisdiction General → The power of a court to affect rights of person or thing. Limited by constitutional impositions of due process
Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration → Relationship between D and forum must not violate fair play and substantial justice/reasonableness
Modern Standard for PJ: SOC - Brennan Decision in Asahi (Four in Support) → Placing a product in SOC is insufficient for minimum contacts.