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5 Written questions

5 Matching questions

  1. Choice of Forum Clause
  2. Modern Standard for PJ: International Shoe Minimum Contacts Test
  3. Modern Standard for PJ: SOC - White Decision in Asahi
  4. PJ - In personam
  5. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration
  1. a AKA Shoe Box Test: (draw in shoe box test)
  2. b Jurisdiction over a person. Cannot have constructive service
  3. c if there are over 100,000 units in the SOC than Minimum contacts is met.
  4. d Identify's which forum the case is to be tired in. Constitutes a waiver for PJ in that forum
  5. e Relationship between D and forum must not violate fair play and substantial justice/reasonableness

5 Multiple choice questions

  1. 1) Prior negotiations 2) Contemplated future actions 3) Terms of contract 4) Actual course of dealings
  2. Minimum Contacts
  3. 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. 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
  5. Party may agree to jursidicion before claim arises. Often part of commercial contract in the form of a "forum selection clause." never overturned

5 True/False questions

  1. Modern Standard for PJ: Two Pronged Test - Burger KingCourt 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

          

  2. PJ - In remJurisdiction over property. Can have constructive service

          

  3. Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem1. 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. Modern Standard for PJ: SOC - Brennan/O'Connor Synthesis (Two Options to Establish a Majority)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

          

  5. Modern Standard for PJ: Purposeful Availment - 5 Factors for No Jurisdiction (the No No's)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