NAME: ________________________

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5 Written Questions

5 Matching Questions

  1. Determining Whether court can exert PJ
  2. Modern Standard for PJ: Purposeful Availment - 5 Factors for No Jurisdiction (the No No's)
  3. PJ - In rem
  4. Consent: Appointed Agent for Service
  5. PJ - In personam
  1. a D has appointed an agent for service within the jurisdiciton of the court
  2. b 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
  3. c 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
  4. d Jurisdiction over property. Can have constructive service
  5. e Jurisdiction over a person. Cannot have constructive service

5 Multiple Choice Questions

  1. D's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction
  2. 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
  3. Left off pg. 4 of outline
  4. D, 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.
  5. Can 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 True/False Questions

  1. Modern Standard for PJ: Two Pronged Test - Burger KingCourt 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

          

  2. Modern Standard for PJ: International Shoe Minimum Contacts TestAKA Shoe Box Test: (draw in shoe box test)

          

  3. Modern Standard for PJwhen given PJ is waived even if the party has no contacts with the state

          

  4. Types of Personal Jurisdiction1. In personam 2. In Rem 3. Two Types of Quasi in Rem

          

  5. 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

          

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