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5 Written questions

5 Matching questions

  1. Original Standard for PJ: Presence Standard of PJ (Pennlyer v. Neff)
  2. Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activity
  3. Actions Constituting Consent
  4. Modern Standard for PJ: International Shoe Minimum Contacts Test
  5. Modern Standard for PJ: SOC - O'Connor Decision in Asahi - 5 ways to avail yourself
  1. a 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. b 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
  3. c 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
  4. d AKA Shoe Box Test: (draw in shoe box test)
  5. e 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

5 Multiple choice questions

  1. 1) 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
  2. 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
  3. The power of a court to affect rights of person or thing. Limited by constitutional impositions of due process
  4. Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  5. Placing a product in SOC is insufficient for minimum contacts.

5 True/False questions

  1. PJ - In personamJurisdiction over property. Can have constructive service

          

  2. Modern Standard for PJ: SOC - White Decision in AsahiCourt 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. PJ - Type 2 Quasi in remResolves dispute about the property

          

  4. Modern Standard for PJ: Purposeful Availment AddedCan 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. Modern Standard for PJ: Physical Presence as Basis for Jurisdiction1) Purposeful Availment - Contract alone doesn't establish minimum contacts. 2) No jurisdiction if contract is obtained fraudulently

          

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