NAME: ________________________

Civil Procedure Test

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5 Written Questions

5 Matching Questions

  1. Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
  2. PJ - Type 2 Quasi in rem
  3. Original Standard for PJ: Presence Standard of PJ (Pennlyer v. Neff)
  4. Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activity
  5. Personal Jurisdiction General
  1. a Dispute is unrelated to the property. The property is attached to assert the court's jurisdiction over the property. *must be attached at the outset (Pennoyer)
  2. b 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. c 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
  4. d The power of a court to affect rights of person or thing. Limited by constitutional impositions of due process
  5. e 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

5 Multiple Choice Questions

  1. Resolves dispute about the property
  2. 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. D has appointed an agent for service within the jurisdiciton of the court
  4. P submits to a court's jurisdiction by filing an action. Never overturned.
  5. 1. In personam 2. In Rem 3. Two Types of Quasi in Rem

5 True/False Questions

  1. Consent: GenerallyD's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction


  2. Modern Standard for PJ: SOC - Brennan/O'Connor Synthesis (Two Options to Establish a Majority)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. 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


  4. 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.


  5. Consent: General Appearancewhen given PJ is waived even if the party has no contacts with the state


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