5 Written Questions
5 Matching Questions
- Modern Standard for PJ: Two Pronged Test - Burger King
- PJ - In rem
- Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration
- Modern Standard for PJ: SOC - O'Connor Decision in Asahi - 5 ways to avail yourself
- Determining Whether court can exert PJ
- a Relationship between D and forum must not violate fair play and substantial justice/reasonableness
- b Jurisdiction over property. Can have constructive service
- c 1) Purposeful Availment - Contract alone doesn't establish minimum contacts. 2) No jurisdiction if contract is obtained fraudulently
- d 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
- 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
- if there are over 100,000 units in the SOC than Minimum contacts is met.
- 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
- 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
- World Wide Volkswagen - D must purposefully avail himself to benefits of the forum
- Placing a product in SOC is insufficient for minimum contacts.
5 True/False Questions
PJ - Type 2 Quasi in rem → Resolves dispute about the property
Consent: General Appearance → when given PJ is waived even if the party has no contacts with the state
Original Standard for PJ: Presence Standard of PJ (Pennlyer v. Neff) → 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
PJ - In personam → Jurisdiction over property. Can have constructive service
Actions Constituting Consent → P submits to a court's jurisdiction by filing an action. Never overturned.