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5 Written questions

5 Matching questions

  1. Modern Standard for PJ: SOC - The Asahi Case
  2. Consent: Generally
  3. Original Standard for PJ: Presence Standard of PJ (Pennlyer v. Neff)
  4. PJ - In rem
  5. Modern Standard for PJ: SOC - O'Connor Decision in Asahi (Four in Support)
  1. a 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
  2. b 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
  3. c Jurisdiction over property. Can have constructive service
  4. d Placing a product in SOC is insufficient for minimum contacts.
  5. e when given PJ is waived even if the party has no contacts with the state

5 Multiple choice questions

  1. Defendant doesn't show or respond in any way
  2. 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
  3. Relationship between D and forum must not violate fair play and substantial justice/reasonableness
  4. The power of a court to affect rights of person or thing. Limited by constitutional impositions of due process
  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: Reasonableness Standard Prong (Burger King Test) 5 Factors1) Prior negotiations 2) Contemplated future actions 3) Terms of contract 4) Actual course of dealings

          

  2. Consent: Appointed Agent for ServiceD's appearance in court to contest case on the merits constitutes consent to a court's jurisdiction

          

  3. 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

          

  4. Consent: Implied Consent (Hess v. PawloskiD has appointed an agent for service within the jurisdiciton of the court

          

  5. Types of Personal Jurisdiction1. In personam 2. In Rem 3. Two Types of Quasi in Rem