NAME

Question types


Start with


Question limit

of 39 available terms

Advertisement Upgrade to remove ads
Print test

5 Written questions

5 Matching questions

  1. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration
  2. Actions Constituting Consent
  3. Consent: Express or by Contract
  4. PJ - In personam
  5. PJ - Type 1 Quasi in rem
  1. a Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  2. b Party may agree to jursidicion before claim arises. Often part of commercial contract in the form of a "forum selection clause." never overturned
  3. c 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
  4. d Resolves dispute about the property
  5. e Jurisdiction over a person. Cannot have constructive service

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. 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
  3. P submits to a court's jurisdiction by filing an action. Never overturned.
  4. 1) Purposeful Availment - Contract alone doesn't establish minimum contacts. 2) No jurisdiction if contract is obtained fraudulently
  5. A minimum contacts theory - you place a product in a stream of commerce and you are subject to PJ wherever that stream may take it.

5 True/False questions

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

          

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

          

  3. PJ - In remJurisdiction over property. Can have constructive service

          

  4. Determining Whether court can exert PJMinimum Contacts

          

  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

          

Create Set