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5 Written questions

5 Matching questions

  1. Modern Standard for PJ
  2. Modern Standard for PJ: Purposeful Availment Prong (Burger King Test) 4 Factors
  3. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration
  4. Modern Standard for PJ: Two Pronged Test - Burger King
  5. Modern Standard for PJ: SOC - Brennan/O'Connor Synthesis (Two Options to Establish a Majority)
  1. a Minimum Contacts
  2. b 1) Purposeful Availment - Contract alone doesn't establish minimum contacts. 2) No jurisdiction if contract is obtained fraudulently
  3. c Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  4. d 1) Prior negotiations 2) Contemplated future actions 3) Terms of contract 4) Actual course of dealings
  5. e 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

5 Multiple choice questions

  1. Resolves dispute about the property
  2. Placing a product in SOC is insufficient for minimum contacts.
  3. Jurisdiction over property. Can have constructive service
  4. 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
  5. Jurisdiction over a person. Cannot have constructive service

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. Determining Whether court can exert PJ1. 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

          

  3. Consent: General AppearanceD's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction

          

  4. 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

          

  5. Choice of Law ClauseIdentify'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

          

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