5 Written questions
5 Matching questions
- Modern Standard for PJ: SOC - White Decision in Asahi
- Modern Standard for PJ; Purposeful Availment - 5 Reasonableness Factors
- Consent: Failure to raise a timely objection
- Modern Standard for PJ: SOC - O'Connor Decision in Asahi - 5 ways to avail yourself
- Consent: Generally
- a if there are over 100,000 units in the SOC than Minimum contacts is met.
- b 1) Intend to serve forum market 2) Design product for that market 3) Advertise in forum market 4) Establish channels for providing service in that market 5) Have designated distributor in the state
- c when given PJ is waived even if the party has no contacts with the state
- d 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
- e Defendant doesn't show or respond in any way
5 Multiple choice questions
- Resolves dispute about the property
- AKA Shoe Box Test: (draw in shoe box test)
- 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
- 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
- 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 True/False questions
Modern Standard for PJ: International Shoe (minimum contacts must satisfy?) → AKA Shoe Box Test: (draw in shoe box test)
Consent: Express or by Contract → P submits to a court's jurisdiction by filing an action. Never overturned.
Original Standard for PJ: Pennoyer v. Neff rulings on in personam and in rem → 1. in personam = need personal service on D within forum state 2. in rem = Jurisdiction obtained by attaching property at beginning of suit
Personal Jurisdiction General → 1. In personam 2. In Rem 3. Two Types of Quasi in Rem
Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration → Relationship between D and forum must not violate fair play and substantial justice/reasonableness