NAME: ________________________

Civil Procedure Test

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5 Written Questions

5 Matching Questions

  1. Modern Standard for PJ: SOC - Brennan Decision in Asahi (Four in Support)
  2. Consent: General Appearance
  3. Determining Whether court can exert PJ
  4. Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
  5. Choice of Law Clause
  1. a D's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction
  2. 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
  3. c 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
  4. d 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
  5. e 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 Multiple Choice Questions

  1. 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
  2. World Wide Volkswagen - D must purposefully avail himself to benefits of the forum
  3. AKA Shoe Box Test: (draw in shoe box test)
  4. Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  5. The power of a court to affect rights of person or thing. Limited by constitutional impositions of due process

5 True/False Questions

  1. 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

          

  2. 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

          

  3. Consent: Implied Consent (Hess v. PawloskiD, 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. Choice of Forum ClauseIdentify's which forum the case is to be tired in. Constitutes a waiver for PJ in that forum

          

  5. Types of Personal JurisdictionThe power of a court to affect rights of person or thing. Limited by constitutional impositions of due process

          

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