Personal Jurisdiction in Law
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Questions and Answers

Which of the following principles is central to the long-arm statute's application in modern personal jurisdiction?

  • States are not allowed to create more restrictive long-arm statutes.
  • Minimum contacts can be established without purposeful availment.
  • Limits of due process can vary between states. (correct)
  • Federal courts must always use their own jurisdictional statutes.

    • What does the FRCP 4(k)(1)(A) state regarding federal courts and long-arm statutes?

  • Federal courts can only use their own jurisdictional statutes.
  • Federal courts can only exercise jurisdiction if a federal statute allows it.
  • Federal courts can borrow state long-arm statutes for personal jurisdiction. (correct)
  • Federal courts must ignore state long-arm statutes.

    • Which of the following best describes the focus of the 14th Amendment Due Process Minimum Contacts Test?

  • Purposeful availment is essential for determining minimum contacts. (correct)
  • Jurisdiction can be established solely through the location of a business.
  • A defendant's national contacts are irrelevant to establishing jurisdiction.
  • The level of fairness has no significance in the jurisdiction analysis.

    • What is a key condition under the federal long-arm statute for worldwide service of process according to FRCP 4(k)(2)?

    <p>A defendant can be served anywhere in the world if constitutional.</p> Signup and view all the answers

    What does 'purposeful availment' refer to in the context of establishing personal jurisdiction?

    <p>A defendant's deliberate engagement in activities within a state that can lead to jurisdiction.</p> Signup and view all the answers

    What must be filed first to raise an objection under Rule 12?

    <p>Answer</p> Signup and view all the answers

    What is the consequence of failing to make an appearance in an action leading to a default judgment?

    <p>Allows for a collateral attack through Rule 60(b)(4)</p> Signup and view all the answers

    What is the nature of the independent duty of a Federal Court regarding subject matter jurisdiction?

    <p>It must ensure its own jurisdiction in every case.</p> Signup and view all the answers

    In the context of Article III, which factors are irrelevant in determining Federal Question jurisdiction?

    <p>Citizenship of the parties</p> Signup and view all the answers

    Which test describes a case that arises under federal law for jurisdiction under Article III?

    <p>Potential federal ingredient test</p> Signup and view all the answers

    What establishes the original jurisdiction of district courts over civil actions?

    <p>Federal statutes and treaties</p> Signup and view all the answers

    Which of the following is NOT a necessary condition for a case to arise under federal law?

    <p>The presence of parties from different states</p> Signup and view all the answers

    Under which circumstances can a party challenge a default judgment?

    <p>At any time, as there is no time limit for relief</p> Signup and view all the answers

    What is not one of the four elements of the Essential Federal Ingredient Test (EFI)?

    <p>The federal law issue must be conclusively resolved</p> Signup and view all the answers

    Under Article III, Section 2 of the Constitution, what is a key requirement for diversity jurisdiction?

    <p>Minimal diversity is sufficient</p> Signup and view all the answers

    What amount in controversy must be exceeded for jurisdiction under 28 USC §1332?

    <p>$75K</p> Signup and view all the answers

    What factor does not affect the diversity of citizenship under Section 1332 if it was satisfied when the suit was filed?

    <p>Post-filing changes in party citizenship</p> Signup and view all the answers

    Which of the following is true regarding federal court's decision to hear state law claims?

    <p>It should not significantly disrupt the balance between courts</p> Signup and view all the answers

    What does the Thematic approach in Relatedness signify?

    <p>The claim must relate to a unified theme regarding the defendant.</p> Signup and view all the answers

    What does the term 'Proximate cause' relate to in the context of Causal Relatedness?

    <p>It establishes a direct relationship between the defendant's actions and the plaintiff's harm.</p> Signup and view all the answers

    Which of the following is NOT a Gestalt factor to consider for reasonableness?

    <p>Location of the plaintiff’s residence</p> Signup and view all the answers

    What best describes the Essentially At Home Test in General Jurisdiction Analysis?

    <p>Defendant’s activities must be so continuous and systematic that it is essentially at home.</p> Signup and view all the answers

    What does a sliding scale approach indicate in relation to Relatedness?

    <p>The stronger the plaintiff's showing on certain prongs, the lower the burden on the defendant.</p> Signup and view all the answers

    Which of the following statements is true regarding the alter-ego test in General Jurisdiction?

    <p>Proving a subsidiary is an alter-ego of a corporation is typically challenging.</p> Signup and view all the answers

    Which statement best defines the term 'Purposeful availment' in the context of General Jurisdiction?

    <p>Entails a deliberate connection with the forum state by the defendant.</p> Signup and view all the answers

    In terms of fairness and substantial justice, which factor is always favorable to the plaintiff?

    <p>Tie situation</p> Signup and view all the answers

    What does the subjective test of Paul Mercury's 'good faith' assess?

    <p>What the plaintiff actually knew</p> Signup and view all the answers

    Under what condition can the amount in controversy be deemed insufficient to bring a case to federal court?

    <p>If legally certain that the plaintiff cannot recover the jurisdictional minimum</p> Signup and view all the answers

    When can multiple claims be aggregated to meet the jurisdictional minimum?

    <p>When they are claims of one plaintiff against one defendant</p> Signup and view all the answers

    Which of the following situations allows aggregation of claims?

    <p>Single defendant facing multiple joint claims</p> Signup and view all the answers

    What is necessary for complete diversity under 1332(a)?

    <p>No plaintiff can share a state with any defendant</p> Signup and view all the answers

    Which scenario violates the complete diversity rule?

    <p>A US citizen suing another US citizen from the same state</p> Signup and view all the answers

    Under the Paul Mercury test, what governs the amount in controversy?

    <p>The plaintiff's claim as long as recovery isn't legally certain to be less</p> Signup and view all the answers

    Which rule allows for assessing the value of a claim for federal jurisdiction?

    <p>Either-viewpoint rule</p> Signup and view all the answers

    What must be considered to determine if there is an adequate basis for federal subject matter jurisdiction over every claim in an action originally filed in federal district court?

    <p>§1331, §1332, and §1367</p> Signup and view all the answers

    Under which condition is a civil action not properly removable under §1441(a)?

    <p>When it includes only state law claims</p> Signup and view all the answers

    What does §1441(b)(2) address regarding removal jurisdiction?

    <p>Home state defendant exception</p> Signup and view all the answers

    Which claims may be severed and remanded to state court under §1367(c)(2)?

    <p>Claims not within the original or supplemental jurisdiction</p> Signup and view all the answers

    If an action includes both federal and non-federal claims, how does the district court typically handle the non-federal claims?

    <p>They sever and remand the non-federal claims to state court</p> Signup and view all the answers

    Where must a defendant remove an action originally filed in state court?

    <p>To the federal district court for the district where the action was filed</p> Signup and view all the answers

    Which of the following criteria determines the removal of a civil action from state court to federal court?

    <p>The presence of a federal question or diversity jurisdiction</p> Signup and view all the answers

    Which section outlines that only the defendants from §1331 need to consent to removal?

    <p>§1441(c)(2)</p> Signup and view all the answers

    Study Notes

    Personal Jurisdiction

    • Traditional personal jurisdiction (Pennoyer) based on territoriality
    • In personam jurisdiction: jurisdiction over the person
      • General jurisdiction: defendant can be sued in this state for any claim
      • Specific jurisdiction: defendant can be sued in this state only for claims related to their activities in the state
    • Ways to establish personal jurisdiction:
      • Domicile: Physical presence and intent to remain in a new state
      • Voluntary appearance: appearing in court without objection
      • Tag/transient presence: D served while physically present in the forum state
      • Consent to service on an agent: appointing an agent for receipt of process
    • In rem jurisdiction: jurisdiction over property (tangible or intangible) in a suit
      • Requires a minimum contacts test and reasonableness test (Shaffer)
    • Quasi in rem: attaching property to defendant
      • Has to be reasonable
      • No full faith and credit in other state courts

    Constitutional Due Process Analysis

    • International Shoe
      • Minimum contacts + fairness needed. D's purposeful availment to the state
      • Considerations for contacts:
        • Activities (sales, employees, offices, etc).
        • Contracts (Burger King, McGee): D’s solicitation, amount of K, choice of law, state supervision.
        • Torts (Calder): intentional tort directed at forum, harm felt in forum.
        • Stream of commerce (J. McIntyre, Asahi).
          • Pure stream: Placing product in the stream creates foreseeability to that state.
          • Stream of Commerce plus: Quantity, value, and dangerousness of the product.
    • Relatedness: Connection between the specific claim and D's activities in the forum state.
      • Thematic: Connection between the forum and the theme of the products. (Ford Motor Co. example)
      • Substantive connection: Focus on causality, substantial connections (Bristol Myers)
    • Reasonableness (burden shifts to D): Consideration of factors like burden on D, interests of forum, P's interest, and administrative efficiency.

    Attacks to Personal Jurisdiction

    • Direct Attack: raising jurisdictional objection in the same proceeding.
    • Collateral Attack: jurisdictional challenge in a different proceeding.

    Service of Process

    • Methods: Personal service, mailing/summons and complaint to D's address
    • Formalities and rules (FRCP 3, 4, 4(c), and 4(e)): rules for serving a defendant.
    • Methods for serving specific individuals/corporations
    • Substantial compliance: flexibility in adhering to rules when compliance is otherwise done reasonably and in good faith
    • Waivers

    Due Process Right to Be Notified

    • Reasonable notice is required of the proceeding
    • Mullane reasonableness standard for notice: notice reasonably calculated to apprise the party of the proceeding and afford them an opportunity to present objections

    Subject Matter Jurisdiction

    • Federal question jurisdiction: case involving federal law (Constitution, laws, treaties)
      • Creation test (American Well Works) or essential elements test (Gunn)
    • Diversity of citizenship: complete diversity between P and D
      • Minimal diversity
      • Amount in controversy: over $75,000
      • Aggregation
    • Supplemental jurisdiction: Allows a court to hear additional claims related to claims already asserted in the case (pre 1990 and post 1990)

    Removal Jurisdiction

    • Federal court can acquire jurisdiction over a case from state court
    • Rules for removal of cases.
    • Five basic rules concerning removal.

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    Related Documents

    Personal Jurisdiction Final Outline PDF

    Description

    Explore the complexities of personal jurisdiction, including traditional and modern methods of establishing jurisdiction over individuals and property. This quiz covers essential concepts such as in personam, in rem, and quasi in rem jurisdiction, along with relevant tests for reasonableness. Test your understanding of these crucial legal principles.

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