5 Written questions
5 Matching questions
- Modern Standard for PJ: SOC - White Decision in Asahi
- Consent: Implied Consent (Hess v. Pawloski
- Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activity
- Modern Standard for PJ: Purposeful Availment Prong (Burger King Test) 4 Factors
- Choice of Forum Clause
- a if there are over 100,000 units in the SOC than Minimum contacts is met.
- 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
- c 1) Prior negotiations 2) Contemplated future actions 3) Terms of contract 4) Actual course of dealings
- d Identify's which forum the case is to be tired in. Constitutes a waiver for PJ in that forum
- e 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.
5 Multiple choice questions
- Court could not agree as to whether or not the SOC theory constitutes minimum contacts only that California's assertion of PJ over Asahi could not pass the reasonableness test
- Defendant doesn't show or respond in any way
- World Wide Volkswagen - D must purposefully avail himself to benefits of the forum
- Left off pg. 4 of outline
- 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 True/False questions
Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem → 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
Modern Standard for PJ: International Shoe (minimum contacts must satisfy?) → AKA Shoe Box Test: (draw in shoe box test)
PJ - In rem → Jurisdiction over a person. Cannot have constructive service
Modern Standard for PJ: SOC - O'Connor Decision in Asahi - 5 ways to avail yourself → Placing a product in SOC is insufficient for minimum contacts.
Consent: Appointed Agent for Service → D's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction