5 Written Questions

1. 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
2. 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
3. 1. In personam 2. In Rem 3. Two Types of Quasi in Rem
4. The power of a court to affect rights of person or thing. Limited by constitutional impositions of due process
5. Minimum Contacts

5 Matching Questions

1. Modern Standard for PJ: SOC - White Decision in Asahi
2. Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
3. Modern Standard for PJ: International Shoe Minimum Contacts Test
4. Modern Standard for PJ: Physical Presence as Basis for Jurisdiction
5. Consent: Failure to raise a timely objection

1. a if there are over 100,000 units in the SOC than Minimum contacts is met.
2. b Defendant doesn't show or respond in any way
3. c 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
4. d Left off pg. 4 of outline
5. e AKA Shoe Box Test: (draw in shoe box test)

5 Multiple Choice Questions

1. Party may agree to jursidicion before claim arises. Often part of commercial contract in the form of a "forum selection clause." never overturned
   1. Consent: Express or by Contract
   2. Consent: General Appearance
   3. Consent: Generally
   4. Consent: Filing an Action
2. 1) If you have a product in the SOC and you have established additional contacts as outlined by O'Connor than you have a majority of 8 justices 2) If you have a product in the SOC and over 100,000 units than you have a majority of 5 justices
   1. Modern Standard for PJ: SOC - O'Connor Decision in Asahi (Four in Support)
   2. Modern Standard for PJ: SOC - O'Connor Decision in Asahi - 5 ways to avail yourself
   3. Modern Standard for PJ: SOC - Brennan/O'Connor Synthesis (Two Options to Establish a Majority)
   4. Modern Standard for PJ: SOC - Brennan Decision in Asahi (Four in Support)
3. 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
   1. Modern Standard for PJ: Purposeful Availment
   2. Modern Standard for PJ: Purposeful Availment Added
   3. Modern Standard for PJ: SOC - The Asahi Case
   4. Modern Standard for PJ
4. 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
   1. Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem
   2. Modern Standard for PJ: Purposeful Availment Added
   3. Modern Standard for PJ: Two Pronged Test - Burger King
   4. Original Standard for PJ: Presence Standard of PJ (Pennlyer v. Neff)
5. 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
   1. Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
   2. Modern Standard for PJ: Purposeful Availment Prong (Burger King Test) 4 Factors
   3. Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activity
   4. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration

5 True/False Questions

1. Modern Standard for PJ: Purposeful Availment Prong (Burger King Test) 4 Factors → 1) Prior negotiations 2) Contemplated future actions 3) Terms of contract 4) Actual course of dealings

   True        False

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

   True        False

3. Consent: Implied Consent (Hess v. Pawloski → D has appointed an agent for service within the jurisdiciton of the court

   True        False

4. PJ - Type 1 Quasi in rem → 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)

   True        False

5. Modern Standard for PJ: SOC - The Asahi Case → if there are over 100,000 units in the SOC than Minimum contacts is met.

   True        False