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5 Written questions

5 Matching questions

  1. Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activity
  2. Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
  3. Consent: Implied Consent (Hess v. Pawloski
  4. Determining Whether court can exert PJ
  5. Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem
  1. a 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.
  2. b 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
  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 1. in personam = need personal service on D within forum state 2. in rem = Jurisdiction obtained by attaching property at beginning of suit
  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. 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
  2. Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  3. 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
  4. 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)
  5. 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

5 True/False questions

  1. 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

          

  2. Modern Standard for PJ: International Shoe Minimum Contacts Test1) Traditional notions of fair play and 2) substantial justice

          

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

          

  4. Choice of Forum ClauseIdentify'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

          

  5. Modern Standard for PJ: Purposeful AvailmentCan 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

          

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