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5 Written questions

5 Matching questions

  1. Modern Standard for PJ: Stream of Commerce (SOC) Theory Applied - Asahi
  2. Consent: Filing an Action
  3. Types of Personal Jurisdiction
  4. Modern Standard for PJ: Purposeful Availment - Reasonableness Consideration
  5. Modern Standard for PJ: International Shoe (minimum contacts must satisfy?)
  1. a 1) Traditional notions of fair play and 2) substantial justice
  2. b 1. In personam 2. In Rem 3. Two Types of Quasi in Rem
  3. c A minimum contacts theory - you place a product in a stream of commerce and you are subject to PJ wherever that stream may take it.
  4. d Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  5. e P submits to a court's jurisdiction by filing an action. Never overturned.

5 Multiple choice questions

  1. 1. in personam = need personal service on D within forum state 2. in rem = Jurisdiction obtained by attaching property at beginning of suit
  2. Identify's which forum the case is to be tired in. Constitutes a waiver for PJ in that forum
  3. Can 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
  4. 1. Implied Consent 2. Filing an Action 3. Making a General Appearance 4. Express Consent by Contract 5. Appoint an Agent for Service 6. Fail to Raise a Timely Objections
  5. 1) Purposeful Availment - Contract alone doesn't establish minimum contacts. 2) No jurisdiction if contract is obtained fraudulently

5 True/False questions

  1. Modern Standard for PJ: Purposeful Availment - Effect of Unilateral Activity1) 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

          

  2. Determining Whether court can exert PJ1. 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

          

  3. PJ - In remJurisdiction over a person. Cannot have constructive service

          

  4. Modern Standard for PJ: Purposeful Availment AddedWorld Wide Volkswagen - D must purposefully avail himself to benefits of the forum

          

  5. PJ - Type 2 Quasi in remResolves dispute about the property