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Personal Jurisdictio

QuestionAnswer
1. Personal jurisdiction requires that the defendant be ___ to the forum state’s jurisdiction, and that the defendant be ___. amenable served with proper notice
2. Amenability to personal jurisdiction is governed by the ___, subject to the limits of the ___ of the United States Constitution. forum state’s law due process clause
3. Pennoyer v. Neff described three bases for state jurisdiction over persons and things. They are a. In personam: jurisdiction over the person b. In rem: jurisdiction over interests in property c. Quasi in rem: jurisdiction over seized property, where plaintiff’s claim is unrelated to the seized property.
4. Pennoyer based its jurisdictional formula on ___ over persons and property within its borders. state power
5. Under Pennoyer's in personam jurisdiction, a judgment in plaintiff's favor —would be binding in all states —for the full amount of damages —may be enforced repeatedly until fully collected
6. Under Pennoyer's in rem jurisdiction, a judgment in favor of plaintiff —affects everyone’s interests in a res (both parties and nonparties to the lawsuit) —does not result in a money judgment — does not require enforcement outside the forum
7. Under Pennoyer’s quasi in rem jurisdiction, a judgment in plaintiff’s favor —entitles plaintiff to the property attached for jurisdiction —is not a personal judgment —is not enforceable against any other property —may not be enforced more than once —may not be enforced outside the forum
8. Another type of jurisdiction not discussed in Pennoyer is ___, which involves the state’s authority to adjudicate such matters as divorce, adoption, citizenship and mental competence. status
9. ___ altered Pennoyer's rule for personal jurisdiction, replacing the concept of ___ with the new standards of ___ provided by the “___.” International Shoe Co. v. Washington state power reasonableness and fairness minimum contacts test
10. The current test for amenability, following International Shoe and other cases, does not require the minimum contacts test if the defendant satisfies any one of the four “traditional” bases for in personam jurisdiction. Those bases are: -Residence in the forum state -Consent to jurisdiction -Waiver of objection to jurisdiction -Physical presence in the forum when served
11. Consent to jurisdiction has two forms, ___ and ___. ___ are an example of express consent, and ___ are an example of implied consent. express consent implied consent Forum selection clauses non-resident motorists statutes
12. If none of the traditional bases are present, a state may only exercise in personam jurisdiction over defendants who have minimum contacts with the state. The two categories of minimum contacts are ___ and ___. specific jurisdiction general jurisdiction
13. ___ is where the lawsuit arises from or relates to the nonresident defendant’s contacts with the forum state. ___ is where the lawsuit is unrelated to the nonresident defendant’s contacts with the forum state. Specific jurisdiction General jurisdiction
14. Specific jurisdiction has four contacts tests in relation to the forum state, which are that the defendant -purposefully availed itself of benefits and protections -should have foreseen that its activity would subject it to jurisdiction -could reasonably anticipate being haled into court -placed its product in the stream of commerce
15. General jurisdiction has one contact test, which is that it has ___ with the forum state. continuous and systematic contacts
16. If defendant has no contacts with the forum and does not meet one of the four traditional bases of jurisdiction, then there is ___ over that defendant. If defendant does have specific or general contacts, then the court must consider the ___ no personal jurisdiction fair play and substantial justice test
The fair play and substantial justice test is a balancing test with five factors, which are: —defendant's burden —plaintiff’s interest in convenient and effective relief —the forum state’s interest —the shared interests of states in furthering fundamental social policies —the judicial system’s interest in effective resolution of controversies
17. The due process requirement for notice to defendant is stated in Mullane v. Central Hanover. Notice is constitutionally sufficient if it is ___, under all circumstances, to apprise ___ of the pendency of the action, and afford them an ___ and ___. reasonably calculated interested parties opportunity to appear present objections
18. An abbreviated version of the Mullane notice rule is that ___ requires ___ and an ___. due process notice opportunity to be heard
19. Which rule of the Federal Rules of Civil Procedure deals with initially notifying the defendant of the lawsuit? Rule 4
20. Under Fed. R. Civ. P. 4, the two primary methods for service of process on a competent adult are: a. ___ to defendant; or b. leaving copies at ___ with a ___. personal delivery defendant's residence person of suitable age and discretion
21. In most cases, the federal method of service on defendants outside the district is by ___ of the state in which the federal court sits. the long arm statute
Created by: longhorn90