Civil Procedure

Question 1

what is tag / transient jurisdiction?

Answer 1

a forum may exercise personal jurisdiction over a non resident defendant that is served process while physically in the forum.

Question 2

What is general jurisdiction?

Answer 2

Allows a defendant to be subject to personal jurisdiction within a state based wholly on contacts having no relation to the underlying claims

Question 3

How to determine general jurisdiction for individuals

Answer 3

citizenship

Question 4

How to determine general jurisdiction over a corporation?

Answer 4

Principal place of business (nerve center), state of incorporation, in a state where the corporations activities render them “at home” in a state.

Question 5

Define “nerve center” (principal place of business)

Answer 5

the place where the corporations high level officers direct, control, and coordinate the corporations activities

Question 6

Burnham

Answer 6

example of tag / transient personal jurisdiction

Question 7

Carnival Cruise Lines

Answer 7

example of consent personal jurisdiction

Question 8

Consent personal jurisdiction

Answer 8

Forum selection clause

So long as a forum selection clause is unaffected by fraud, undue influence, or imbalance of power, a court is able to exercise personal jurisdiction.

Must evaluate the reasonableness and fairness of a forum selection clause but otherwise, its accepted.
-Is there any indication that the petitioner set a specific forum as the setting for disputes to be resolved as a means of discouraging the people from pursuing legitimate claims.

Question 9

Shaffer

Answer 9

example of property personal jurisdiction

Question 10

shoe minimum contacts test

Answer 10

for a forum to have personal jurisdiction over a non-resident defendant, the defendant must have minimum contacts with the forum such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice

Question 11

Purposeful availment requirement for purposeful contact

Answer 11

there must be “some act by which the defendant purposefully avails itself of the privilege of conducting activities within that state thus invoking the benefits and protections of its laws”

ensures defendants will be on clear notice regarding where their conduct will and will not subject them to personal jurisdiction.

Question 12

Calder effects test

Answer 12

Merely being able to foresee that one’s actions will cause injury in the forum is not sufficient to establish jurisdiction

The conduct must be expressly aimed at the forum state and the brunt of the harm caused by the actions is suffered in a manner that connects the defendant with that state.

Question 13

unilateral activity

Answer 13

purposeful availment cannot exist on the basis of unilateral activity of the plaintiff or 3rd parties - jurisdiction must be based on the actions of the defendant.

Question 14

Stream of commerce plus

Answer 14

the mere placement of a product into the stream of commerce is insufficient to establish minimum contacts in a state where the product ends up and causes harm. There must be something more that demonstrates “purposeful availment” of that states market.

Question 15

contract plus

Answer 15

entering a contract with a forum resident can constitute purposeful availment under the contracts plus analysis, must consider place of negotiation, execution, and performance of the contract to determine whether these factors support a finding of purposeful availment..

Question 16

Personal jurisdiction based on internet contacts

Answer 16

typically courts focus on whether contacts mediated through the internet are specifically directed at the forum.

zippo classified websites as passive, active, or interactive where jurisdiction is proper where the website is active and reserving judgment for sites that are interactive.

Question 17

General jurisdiction for unincorporated entities

Answer 17

Courts are split on how to determine:

1. Some think its their principal place of business (nerve center)
2. Some think its based on the citizenship of the members.

Question 18

Rule 4(k)

Answer 18

Federal court personal jurisdiction

Question 19

Constitutional notice requirement

Answer 19

notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.

Question 20

Checklist for notice

Answer 20

1. Adequate information: does the notice convey sufficient information to notify the party of how and by when it should respond?
2. Timeliness: Does the notice allow reasonable time to appear under the circumstances ?
3. Method: Is the method of giving notice a method that “one serious of actually informing the party might reasonably adopt to achieve actual notice?
   Was the most reasonable method available under the circumstances employed?

Question 21

Rule 4(e)

Answer 21

Service of process (notice) rule.

Question 22

Who cannot be served?

Answer 22

minor, incompetent person, someone who has waived service

Question 23

Who can serve process?

Answer 23

Anyone 18+ and who is NOT a party

Question 24

When must service be made?

Answer 24

within 90 days of filing the complaint

Question 25

Rules for serving a minor or incompetent person

Answer 25

a minor or incompetent person in a judicial district of the United States must be served by following state law for serving a summons or like process on such a defendant in an action brought in the courts of general jurisdiction of the state where service is made.

Question 26

Rules for serving a corporation, partnership, or association

Answer 26

in a manner prescribed by Rule 4(e)(1)

by delivering a copy of the summons and the complaint to an officer, managing or general agent, or any other agent authorized by appointment.

Question 27

Rule 4(f)

Answer 27

serving an individual in a foreign country

1. by an internationally agreed upon means of service that is reasonably calculated to give notice (like Hague convention)
2. If there is no international agreement, by means reasonably calculated to give notice:
   a. As prescribed by the foreign countries laws for service
   b. As the foreign country directs in response to a latter of request.
   c. unless prohibited by the foreign country’s law by,
   i. delivering a copy of the summon and complaint to the individual personally.
   ii. using any for of mail that the clerk addresses and sends to the individual and that requires a signed receipt.
3. By other means not prohibited by international agreement, as the court orders.

Question 28

How much time does a defendant get to answer after they file a waiver of service?

Answer 28

60 days if in the US, 90 days if outside the US

Question 29

How much time does a defendant get to answer after being served with process?

Answer 29

21 days if they did not waive

Question 30

What happens if a defendant fails to waive, and is therefore required to be formally served with process ?

Answer 30

the defendant is imposed the expenses incurred in making service including the reasonable expenses like attorney fees