5 Written Questions
5 Matching Questions
- Modern- International Shoe
- Fairness Test
- Consent- Zapota Offshore
- Service of the summons
- Zippo Dot Com
- a 1. The web site owner must purposefully avail itself of the privilege of doing business in the forum state over the internet for specific jurisdiction (related to the business conducted) to apply.
2. Internet sites are active, passive, or interactive; passive sites that people just log onto do not support jurisdiction.
- b 1. Summons and complaint must be physically delivered to each D.
2. By any person at least 18 and not a party.
3. P may request service be made by marshal or deputy marshal or by person specially appointed.
- c 1. severe burden on D
2. Forum state only has slight interests
3. P's interest in effective relief
4. the international interests in obtaining the most efficient resolution of controversies
5. State Policy
- d Facts: K specified that all claims related to towing be brought in London. K was negotiated in drafts and all terms were agreed upon.
i. Held: Forum selection clause is binding.
i. Whether a forum selection clause mandating that suit be filed in a particular state is enforceable?
i. A forum selection clause is binding unless the party wanting to file elsewhere shows that its enforcement would be unreasonable, unfair, or unjust.
- e [minimum contacts; continuous and systematic]
Facts: D employed about 12 salesmen in WA, but D had no office or stocks in WA.
i. Held: Jurisdiction over D affirmed, it was reasonable because of the long term, continuous acts that generated substantial business.
i. When may a state exercise PJ over a corporation?
i. A corporation will be subject to PJ in a state if it has certain minimum contacts that make jurisdiction consistent w/ traditional notions of fair play and substantial justice.
ii. Continuous and systematic contacts will result in PJ in a state for all purposes; isolated casual contacts will not result in personal jurisdiction for suits unconnected to the casual presence.
5 Multiple Choice Questions
- 1. Domicile
4. Minimum Contacts
- 1. court and parties
2. be directed at D
3. name and address of P's attorney
4. time within which D must appear & defend
5. notify D a failure to appear and defend will result in default judgment.
6. clerk's signature
7. court's seal.
- An internet posting on a web site directs the business advertisement to all states and thereby purposefully avails itself of the privilege of doing business in the state (any state), asserting jurisdiction.
- Facts: Asahi, a Japanese corporation, sold tire valves to Cheng Shin, a Taiwan corporation, who sold a good bit of them in California. A tire was blamed for an accident in CA.
1. Held: no minimum contacts.
1. Does selling a product into the stream of commerce permit suit against the seller anywhere the products' defect causes injury?
1. Mere placement into the stream of commerce is insufficient to establish minimum contacts; party must intend to serve the forum state.
2. O-Connor- doesn't meet minimum contacts; purposeful direction to the forum state is required.
3. Brennan- it does meet minimum contacts test, but it would be unfair to bring a Japanese corp. to CA: the severe burden on the foreign business outweighs the weakened interests of CA, which are weakened by the fact that P is not even a CA resident.
4. Stevens-Unfairness alone even w/ min. contacts is enough to reject jurisdiction.
- Facts: P bought a ticket for a cruise ship with a forum selection clause.
i. Held: P must go to FL because a forum selection clause is equivalent to consent.
i. Whether forum selection clauses in Ks are enforceable?
i. Forum selection clauses in a K are generally enforceable.
ii. Forum selection clauses are reviewed for fundamental fairness, which examines both parties' problems and reasons.
5 True/False Questions
Constitutional Notice Requirement- Mullane → Facts: The only notice given to several Ds was by publication in a local newspaper and the publication did not name all Ds. P had the names and addresses of some of the Ds.
i. Held:Reversed and Remanded for P to give actual notice to Ds he had an address for.
i. When is notice by publication adequate notice of the lawsuit to parties served by the publication?
i. The D must be informed by a method reasonably calculated to provide the necessary information.
ii. Notice of the proceedings must be given in time to assert ones rights (appear and be heard or decide to default).
iii. Where the P has the name and address of the Ds some form of actual notice must be sent to those Ds.
iv. Publication is allowed as a supplement to other forms of notice or where other forms are not reasonably practical.
McGee → [One contact rule]
Facts: CA resident had contract of insurance with TX corp. K was delivered to CA, and payments were mailed from CA.
1. Held: CA had jurisdiction, even on a single contact, because the suit was on that contact, the contract involved a CA resident, and CA had a strong interest in in protecting insured persons in CA. TX did not have PJ.
1.Does making a single contract of insurance constitute sufficient minimum contacts for suit on the insurance contract?
1.For suits based on a K, the K must have a substantial connection with the state and the D must have minimum contacts necessary to assert PJ over the D.
Flowers → Facts: Florida editor and writer libeled P, a CA resident and famous actress, in a magazine article, which had large circulations in CA. Ds had no other contacts with CA.
1. Held: Harm to P primarily occurred in CA, article was written about P's activities in CA, and the target of the article was a CA resident. CA had PJ over both editor and writer.
1. Whether the writer and editor of an article in a magazine have sufficient minimum contacts to be sued for libel in the state where the P resides and conducts business?
1. Each D's minimum contacts are judged separately.
2. Merely being an employee of a corporation with the minimum contacts is not enough to permit the state to assert PJ over the employee.
3. When a writer and editor direct an article at a person, the harm is to that person in the place where that person lives or does business; this does provide the requisite minimum contacts to make it reasonable for the writer and editor to be sued where harm was inflicted.
Keeton → [purposeful availment]
Facts: Donnor went to DE to create a trust fund. Donnor moved to FL, and exchanged communications with the trust co.(D) while in FL. Trust co. sent her money from the trust to FL. Heirs in FL want to sue D in FL.
1. Held: no sufficient contacts because D made no actions to make contacts in FL and had no other contacts with FL.
1.What kind of contacts satisfy the minimum contacts necessary for PJ?
1. The court looks to the non-resident D to see if he affirmatively acted (purposefully availed himself) to benefit by activities in the forum state.
Transient Jurisdiction- Burnham → Facts: D (Philippines organized corp.) did general business in OH. (meetings, paying salaries, banking, and rehabilitation of co.'s mines.)
i. Held. Jurisdiction is proper, D moved the home office to OH and carried on general business there.
i. When may a foreign corporation be subject to a state's jurisdiction for activities unrelated to the contracts with the forum state?
i. Where general business is continuously and systematically conducted, general jurisdiction exists to adjudicate all matters, including matters that arose elsewhere.