Civil Procedure Flashcards
ALA Quizzes, Kaplan Quizzes, Kaplan Qbank, CLS Quizzes
A woman sued a man in federal court for intentional infliction of emotional distress after he pulled an inappropriate prank on her at his workplace. The man told his attorney that he bought the snake that he placed on her chair that day at a pet store. He quit his job shortly after the incident. The woman sent interrogatories to the man’s attorney asking whether he had bought a snake on the day of the incident.
Does the attorney have to answer the interrogatories?
(A) Yes, because they involve questions of fact.
(B) Yes, because the man quit his job shortly after the incident.
(C) No, because the statements are protected by the attorney-client privilege.
(D) No, because the statements are protected by the work product doctrine.
(A) Yes, because they involve questions of fact.
One day, a traffic light in a busy intersection malfunctioned because of an electrical problem which could have been prevented if the state had performed reasonable maintenance. A driver was hit by another car because of the confusion created by the malfunctioning traffic light. While the driver’s car was stalled in the middle of the road as a result of the accident, a trucker who had fallen asleep at the wheel crashed into the driver’s car. The driver now seeks to bring suit in federal court against the various parties that caused him injury to his person and damages to his car. Assume that all parties are residents of the state except the driver, who lives in a neighboring state.
Under which of the following circumstances would the federal court have jurisdiction over the case?
A The lawsuit involves diverse litigants in which the amount in controversy is $55,000.
B The lawsuit involves diverse litigants where the amount in controversy is $80,000, which includes property damage and medical expenses against the trucker as well as attorneys’ fees and litigation costs in the amount of $10,000.
C The lawsuit is a negligence action involving diverse litigants, and the driver has incurred property damages of $30,000 and medical expenses of $50,000.
D The lawsuit involves diverse litigants, including the state, the trucker, and the other driver, and the claim against each defendant is $30,000.
The correct answer is: The lawsuit is a negligence action involving diverse litigants, and the driver has incurred property damages of $30,000 and medical expenses of $50,000.
Discussion of correct answer: Federal district courts have original subject-matter jurisdiction over matters involving diverse litigants in which the amount in controversy is more than $75,000, exclusive of the costs and expenses associated with trial. A claimant may add together each amount in controversy against a particular defendant to meet the threshold. Thus, a federal district court would have jurisdiction over this action, in which property damages are $30,000 and medical expenses are $50,000, because the aggregate is over $75,000 and the litigants are diverse.
A man files a defamation claim for $80,000 against a former employee. The man is a citizen of State A and the former employee is a citizen of State A. The action was filed in State A state court. The employee filed a counterclaim for age discrimination based upon federal law.
Can the man have the cased removed to federal court?
A Yes, because the counterclaim is a federal question.
B Yes, because the amount in controversy exceeds $75,000.
C No, because there is not diversity of citizenship between the parties.
D No, because only defendants can remove to federal court.
The correct answer is: No, because only defendants can remove to federal court.
Discussion of correct answer: An action brought in state court may be removed by the defendant to federal court if the case originally could have been brought by the plaintiff in federal court [28 U.S.C. Sec. 1441]. Here, the issue is that the plaintiff is trying to remove the case to federal court, and plaintiffs cannot do so.
A woman, a famous actress, and a man, a noted paparazzo, were in a car accident after the man chased the woman while trying to get a picture with her and a new celebrity boy band. Two weeks later, the man snuck onto the woman’s property to take pictures of a secret wedding between the woman and another famous actor. Finally, two weeks after that, the woman was walking down the street when she saw that the man had sold pictures of her wedding to several companies, who were now using them for their
advertising campaigns in local bus stations. The woman wants to sue the man in federal court for damages caused by the accident, the trespass, and the misuse of her image.
Assuming federal jurisdiction is not an issue, may she do so?
(A) Yes, so long as all of the incidents are part of the same claim or occurrence.
(B) Yes, because a party may join as many claims in a single action as the party has against an opposing party.
(C) No, because the two-week breaks make the actions too attenuated.
(D) No, because the joinder of claims like this would lead to jury confusion, and they should be severed.
(B) Yes, because a party may join as many claims in a single action as the party has against an opposing party.
A woman sued a man in federal court for defamation regarding comments that he made about her when she was running for mayor. The man’s attorney believed there were several problems with the complaint. However, he was unsure about what defenses would be lost if not raised in the initial response. Which potential defense does not have to be raised in the initial response?
(A) Failure to state a claim.
(B) Lack of personal jurisdiction.
(C) Improper venue.
(D) Improper service of process.
(A) Failure to state a claim.
The plaintiff, a man from State A, was injured when the defendant, a citizen of State B, ran a red light in State A, causing $60,000 in damages. After meeting to try and settle the issue without a trial, the plaintiff and defendant began arguing in the parking lot over the cause of the accident. The defendant pushed the plaintiff to the ground and stormed off. The plaintiff sought medical attention after the incident, and believed that he suffered $20,000 in damages from the incident in the parking lot. The plaintiff ultimately filed suit against the defendant for negligence and battery in a State A federal court. The defendant objected, claiming that the federal court did not have jurisdiction to hear the cases.
May the federal court hear the case?
A No, because even though the plaintiff’s damages arose out of the same case or controversy, both claims arose from violations of state law.
B No, because the plaintiff cannot aggregate unrelated claims.
C Yes, because the court has supplemental jurisdiction over the battery action.
D Yes, because the elements for diversity jurisdiction are met.
The correct answer is: Yes, because the elements for diversity jurisdiction are met.
Discussion of correct answer: The plaintiff can bring his case in federal court if there is a federal question or diversity of citizenship. Here, there is no federal question involved. However, the plaintiff and the defendant are from different states, and the amount in controversy exceeds $75,000. The amount in controversy can be aggregated even if the claims are unrelated, so long as they are asserted by the same plaintiff against the same defendant. Here, both claims are brought by the same plaintiff against the same defendant. Therefore, aggregation is proper.
A real estate holding company had several subsidiaries that owned different types of real estate, including one that owned commercial properties in a particular city. The holding company sued several city commercial tenants in federal court over their failure to pay yearly fees under a federal regulatory scheme. The commercial tenants alleged that the fees were included in their previously negotiated commercial rents, but the court found for the holding company. Three months later, the defendants filed a motion under Federal Rule 60(b)(4) for relief from a judgment on the basis that the subsidiary was the proper plaintiff.
Should the court grant the motion?
(A) No, because the defendant did not raise the issue during the suit.
(B) No, because the holding company consented to jurisdiction when it filed the suit.
(C) Yes, because the holding company lacked standing.
(D) Yes, because the motion is timely.
(C) Yes, because the holding company lacked standing.
A visitor from Georgia was drunk after attending a college football game in Florida. As he was driving through Florida on his way home, he ran a red light and hit a pedestrian that was walking across the street. The pedestrian was seriously injured. After spending the night in jail for reckless driving, the distraught visitor returned to Georgia. Several weeks later, after receiving medical bills totaling over $80,000 for extensive physical therapy and medical treatments, the pedestrian filed an action against the visitor in Florida for her injuries.
Will the federal court in Florida have personal jurisdiction over the visitor?
(A) No, because the visitor is not domiciled in Florida.
(B) No, because the visitor was not personally served in Florida.
(C) Yes, because the visitor was present in Florida when the conduct that gave rise to the suit took place.
(D) Yes, because the pedestrian resides in Florida.
(C) Yes, because the visitor was present in Florida when the conduct that gave rise to the suit took place.
While on vacation in Vermont, an Ohio citizen visited an antiques store and saw what was labeled as a packet of Civil War coins. Desperate for a sale, the owner of the store told the Ohio citizen that the coins were rare and worth much more than the $100,000 he was asking for them. However, the woman thought the price was too high.
When the woman returned home to Ohio, she received a call from the store owner reducing the price by 20%, prompting the woman to buy the coins. Once she sent the money to the owner, and after receiving the coins, she discovered that the coins were actually worth only a few hundred dollars. The Ohio woman wished to sue the owner for fraud in Ohio. The store owner argued that the court in Ohio lacked jurisdiction.
Which of the following is true?
A The woman can sue in Ohio, because the owner’s call provided sufficient minimum contacts to support Ohio’s exercise of jurisdiction over him.
B The woman can sue in Ohio, because the amount in controversy is more than $75,000.
C The woman cannot sue in Ohio, because the man is not subject to personal jurisdiction in Ohio based on a single phone call.
D The woman cannot sue in Ohio, because the initial conversation took place in Vermont.
The correct answer is: The woman can sue in Ohio, because the owner’s call provided sufficient minimum contacts to support Ohio’s exercise of jurisdiction over him.
Discussion of correct answer: Although the owner did not physically enter the state, he would have sufficient minimum contacts via his directly reaching into the state to make contact with the woman in order to conduct business. Had the sale occurred entirely at the shop, and the owner merely followed up with a call, or the woman had a change of mind and called the owner, those situations would not have provided sufficient minimum contacts. However, the call here was made directly to the woman for the purpose of getting her to make a purchase. That is purposeful availment sufficient to establish personal jurisdiction.
A man was the victim of an attack at a truck stop in State B by the defendant who was motivated by his hatred of the man’s race. The man, a citizen of State A, filed suit in the U.S. District Court in State A alleging a federal claim against the defendant who was a citizen of State C. The defendant moved to change the venue to State B or, alternatively, to State C.
What outcome is likely?
(A) The action may be transferred to State B only.
(B) The action may be transferred to State B or State C.
(C) The action must be dismissed, because it was commenced in an improper forum.
(D) It is discretionary with the court whether to retain the action or transfer it to State B or State C.
(B) The action may be transferred to State B or State C.
Acme became involved in a labor dispute with the Steamrollers’ Union (the entity that ordinarily supplied workers for Acme’s plant). Acme commenced an action against the Steamrollers’ Union in the appropriate U.S. District Court, claiming $75,000 in damages as a consequence of the union’s conduct in harassing and intimidating non-union workers in violation of the National Labor Relations Act and applicable state law. Acme is an Indiana corporation, and the union (an unincorporated association) has members who are domiciled in every state except New York and New Jersey. The Steamrollers’ Union answered by denying Acme’s allegations and filing a $15,000 counterclaim, which asserted that Acme had deliberately made false accusations about the union to the local papers for the purpose of obtaining favorable press coverage. If the Steamrollers’ Union moves to dismiss for lack of subject-matter jurisdiction, should the court grant the motion?
(A) Yes, because Acme has not claimed monetary damages in excess of $75,000.
(B) Yes, because there is no diversity.
(C) No, because subject-matter jurisdiction is satisfied.
(D) No, because a state claim has been asserted in a federal court.
(C) No, because subject-matter jurisdiction is satisfied.
Discussion of correct answer: Because Acme is asserting a federal claim against the Steamrollers’ Union, subject-matter jurisdiction exists, even though the amount in controversy does not exceed $75,000 and without regard to diversity.
A State A man purchased a gift basket for himself from a State B corporation that shipped gift baskets and other foods through the mail. The man did not like the vanilla coffee that was included in the gift basket and claims that it was a defective product that gave him a stomachache. While he did not go to a hospital for the stomachache, he alleged that he had $300,000 in pain and suffering damages. He filed a product liability claim based in state law against the corporation in State A federal district court and sent a request for waiver of service of process by mail to the corporation. The general counsel of the corporation reviewed the man’s complaint and concluded that there was no court in the country that would award the man damages, much less enough damages to meet the amount in controversy requirement for diversity jurisdiction, and, based on this, determined that the corporation did not need to reply to the man’s request. 75 days after sending the original request and not having received a reply, the man returned to court requesting that the corporation be sanctioned for failing to reply.
Will the court impose sanctions on the corporation?
A No, because the corporation had good cause for failure to waive.
B No, because the corporation’s time to respond was not expired.
C Yes, because the corporation did not have good cause for failure to waive.
D Yes, because a corporation has a duty to waive service.
The correct answer is: Yes, because the corporation did not have good cause for failure to waive.
Discussion of correct answer: A court may impose sanctions on a party that fails to respond to a request for waiver, but will not do so when there was “good cause” for failing to respond, i.e., where the party did not receive the waiver. Belief that the court did not have jurisdiction, however, does not qualify as good cause, and therefore the general counsel’s reason for not responding will not prevent the court from imposing sanctions.
A woman who lived in State A sued a man for battery when she got hurt in a bar fight that he started. She is suing for $40,000 for her injuries. In the same suit, she also claimed $50,000 in punitive damages. She sued in federal court, claiming diversity jurisdiction. The relevant state law barred punitive damages in actions of this type.
Can the woman’s action be heard in federal court?
A No, because the amount of punitive damages that could be awarded is uncertain.
B No, because the claim is legally certain to be less than $75,000.
C Yes, because a federal court might award her over $35,000 in punitive damages, despite the state law.
D Yes, because the combined amount of damages she is claiming in good faith is $90,000.
The correct answer is: No, because the claim is legally certain to be less than $75,000.
Discussion of correct answer: The amount in controversy between the litigants must exceed $75,000, exclusive of the costs and expenses associated with trial. A court will dismiss an action based on diversity if it appears “to a legal certainty” that the claim is for less than $75,000. Here, because the relevant state law does not allow punitive damages, it is legally certain that the claim cannot be worth more than $40,000.
A man sued a corporation after he dined in one of their restaurants and suffered serious food poisoning which required that he be hospitalized for a month. The man, a State A citizen, filed suit in state court in State A seeking $100,000 in damages. The corporation sought removal of the case to federal court, claiming that it was a citizen of State B. The corporation has restaurants in 48 states, including State A. In addition, the corporation maintains its chief training center and the majority of its restaurants in State A. The corporation’s board of directors and all of its top management were based in State B, and the corporation was directed and controlled from there. The corporation will be considered a citizen of what state?
(A) State B, because the corporation is controlled from there.
(B) State B, because the board of directors and all of the top management are there.
(C) Any of the states in which it operates, because it likely has sufficient minimum contacts to face suit in any of them.
(D) State A, because the majority of its business is located in State A.
(A) State B, because the corporation is controlled from there.
Peter lives in Camden, New Jersey and recently went to dinner at Eatery Co., a restaurant in nearby Philadelphia, Pennsylvania. Eatery is incorporated in Pennsylvania and maintains its only place of business in Philadelphia. Eatery has been eager to attract customers from nearby Camden, and has thus placed advertisements on many billboards in the town. Seeing one of these advertisements, Peter decided to give the restaurant a try. Unfortunately, Peter became very sick after the meal, and subsequently brought a federal action in the district of New Jersey seeking damages.
Is the district of New Jersey a permissible venue?
(A) Yes, because Peter resides in the district.
(B) Yes, because Eatery is subject to personal jurisdiction in the district.
(C) No, because Eatery only resides in Pennsylvania.
(D) No, because advertising in a particular venue does not constitute a substantial occurrence.
(B) Yes, because Eatery is subject to personal jurisdiction in the district.
Citizens of State A were plaintiffs in an action brought in the United States District Court in State B against Firstcorp, a State C corporation, and Secondcorp, a State B corporation. Firstcorp’s office and plant were located in State C. At no time had Firstcorp had an office or salesmen in State B. Secondcorp’s sole place of business was in State B. The complaint alleged that each of the plaintiffs sustained serious personal injuries when a toaster oven exploded while a clerk was showing it to the plaintiffs in Secondcorp’s store in State B. Each plaintiff requested damages in the sum of $80,000.
The toaster oven had been manufactured by Firstcorp and shipped to Distributor in State A. Distributor had a contract with Firstcorp to act as the exclusive distributor of Firstcorp products in seven states, including State A and State B. Process was served personally on the president of Firstcorp at Firstcorp’s office in State C and on the president of Secondcorp at its office in State B. Thereafter, Firstcorp moved to dismiss the action on the ground that the court had no jurisdiction over it.
Under what circumstances can the U.S. District Court assert personal jurisdiction over Firstcorp?
(A) If State B has an appropriate long-arm statute and the assertion of personal jurisdiction would comport with due process.
(B) If the assertion of personal jurisdiction would comport with due process (there being nationwide service of process in actions commenced in federal court).
(C) If the amount in controversy exceeds $75,000, exclusive of interest and costs.
(D) If process was served upon Firstcorp in accordance with both federal and State B law.
(A) If State B has an appropriate long-arm statute and the assertion of personal jurisdiction would comport with due process.
A woman was hit by a car while walking her dog. The woman was a citizen of State A. The driver was a citizen of State B. The woman sued the driver in a State A state court, claiming $40,000 in damages based on her personal injuries. After a visit to a doctor revealed the need for more surgeries, the woman amended her complaint to add another $50,000 in damages. The driver filed a motion to remove the case to federal court.
Can the case be removed to federal court?
A Yes, after the woman amended her complaint to add $50,000 in damages.
B Yes, because the defendant made the request for removal.
C No, because the original claim was for $40,000 in damages.
D No, because the woman’s claim is for personal injuries.
The correct answer is: Yes, after the woman amended her complaint to add $50,000 in damages.
Discussion of correct answer: Removal to federal court is permissible only where at least one of the claims filed by the plaintiff would fall within the subject-matter jurisdiction of the federal courts. Removal is only available for actions filed in state court. Here, the action was filed in state court. The woman and the driver have complete diversity of citizenship, and once the woman added $50,000, the amount in controversy requirement was met.
A driver rented a car from a company in State B. The driver was a citizen of State A. The company was incorporated in State C, and had its principal place of business in State B. The victim was a citizen of State B. The driver was driving on a highway in State B when the accelerator pedal got stuck, and he hit the victim, who was also driving on the highway, causing severe injuries to the victim. The victim filed a lawsuit in federal district court in State B against the driver for $80,000 in damages. She served the summons and complaint on the driver three weeks later. In his answer, filed two days after receiving the summons and complaint, the driver cited the stuck accelerator pedal as the proximate cause of the accident. A week after receiving the driver’s answer, the victim amended her complaint to add the company as an additional defendant, seeking to hold the company liable for $80,000 in medical damages, plus $30,000 in damage to her car. Five days later, the victim served the amended complaint on the company and the driver. The company subsequently filed a motion to dismiss the complaint for lack of subject-matter jurisdiction.
Will the federal district court grant the company’s motion to dismiss?
A Yes, because the minimum amount in controversy required for federal court jurisdiction has not been met.
B Yes, because there is no longer diversity of citizenship among the parties.
C No, because diversity of citizenship was only required at the time that the lawsuit was initiated.
D No, because the victim’s amendment to her complaint was not timely.
The correct answer is: Yes, because there is no longer diversity of citizenship among the parties.
Discussion of correct answer: 28 U.S.C. Section 1367 allows supplemental jurisdiction over claims arising from the same case or controversy, but such jurisdiction is not available to a plaintiff in a diversity action who adds a party whose joinder destroys that diversity. Here, both the plaintiff and the newly added defendant are both citizens of State B. Because it is the plaintiff who has a claim against the defendant from her own state, the court must dismiss for lack of diversity.
A woman filed suit against a logger in a State A court claiming that he trespassed on her land and removed many of the trees without her permission. Both the woman and the logger were State A residents. Although it was unclear how many trees had been taken, the woman claimed $1 million in damages. A week later, the logger took a job in State B and moved there, establishing residency with an intent to permanently remain there. The logger then filed a motion to have the suit removed to federal court.
How should the court rule?
(A) Grant the motion, because the man is a citizen of State B.
(B) Grant the motion, because the suit involves natural resources.
(C) Deny the motion, because the amount in controversy requirement may not be met.
(D) Deny the motion, because the woman is a citizen of State A.
(D) Deny the motion, because the woman is a citizen of State A.
A visitor from Georgia was drunk after attending a college football game in Florida. As he was driving through Florida on his way home, he ran a red light and hit a pedestrian that was walking across the street. The pedestrian was seriously injured. After spending the night in jail for reckless driving, the distraught visitor returned to Georgia. Several weeks later, after receiving medical bills totaling over $80,000 for extensive physical therapy and medical treatments, the pedestrian filed an action against the visitor in Florida for her injuries.
Will the federal court in Florida have personal jurisdiction over the visitor?
(A) No, because the visitor is not domiciled in Florida.
(B) No, because the visitor was not personally served in Florida.
(C) Yes, because the visitor was present in Florida when the conduct that gave rise to the suit took place.
(D) Yes, because the pedestrian resides in Florida.
(C) Yes, because the visitor was present in Florida when the conduct that gave rise to the suit took place.
After losing a significant amount of money in the stock market, an investor sued her investment advisor in federal court for not investing her money properly and stated that the failure to invest in companies that earned at least 10% per year interest was fraudulent.
After discovery had concluded, the advisor and the investor each moved for summary judgment. In his motion, the advisor submitted the deposition testimony of an employee of the Securities and Exchange Commission who cited recent government data that suggests most investments earned less than 10% return on investment over the last three years.
How should the court rule?
(A) Deny both motions, because motions for summary judgment are not appropriate in fraud actions.
(B) Deny both motions, because there are genuine issues of material fact present.
(C) Grant the advisor’s motion, because there are no genuine issues of material fact present.
(D) Grant the investor’s motion, because the advisor’s claim for relief was based on hearsay that would otherwise be inadmissible at trial.
(B) Deny both motions, because there are genuine issues of material fact present.
A man bought a cold medicine from a store and had an allergic reaction to it which required him to be hospitalized for ten days. The man, a citizen of State X, brought an action in the United States District Court in State X against the store and the corporation that manufactured the cold medicine. The store was located in State Y and the corporation was a State Z corporation. The plaintiff requested damages in the sum of $80,000. Process was served personally on the owner of the store in State Y and on the president of the corporation at her office in State Z. Thereafter, the corporation filed a cross-claim against the store for $90,000 alleged to be due for merchandise previously sold by the corporation to the store.
How should the court rule on a motion to strike the corporation’s cross-claim against the store?
(A) The court should grant the motion, because the cross-claim is unrelated to the plaintiff’s action.
(B) The court should grant the motion, because there is no supplemental jurisdiction with respect to this action.
(C) The court should deny the motion, because the corporation’s action might confuse or divert the jury with respect to the original claim.
(D) The court should deny the motion, because there is diversity subject-matter jurisdiction with respect to the corporation’s cross-claim against the store.
(A) The court should grant the motion, because the cross-claim is unrelated to the plaintiff’s action.
Acme is a Georgia corporation that has its principal place of business in Alabama. Polly used to live in Alabama and work at Acme’s Alabama plant. However, she was recently terminated from her employment with Acme. She consulted an attorney, who advised her that her termination was wrongful under a law recently enacted by Congress. The lawyer also informed Polly that Georgia had the most liberal procedures for prosecuting this type of action. Polly moved to Georgia, where she is now working as a waitress, and commenced an action in the appropriate state court against Acme for wrongful termination under the applicable U.S. law and a similar Georgia statute. Polly seeks $80,000 in damages. Acme filed a notice of removal in the U.S. District Court in Georgia. Polly then filed a motion for remand back to state court. How should the court rule on Polly’s motion?
(A) The motion should be granted, because there is a lack of diversity.
(B) The motion should be granted, because Polly moved to Georgia only for the purpose of acquiring a more advantageous forum.
(C) The motion should be denied, because one of Polly’s actions is a federal claim.
(D) The motion should be denied, because there is no diversity of citizenship.
(C) The motion should be denied, because one of Polly’s actions is a federal claim.
Discussion of correct answer: Because Polly’s claim is based upon a federal claim, Acme may remove the case to the appropriate U.S. District Court. It is irrelevant that Acme is a citizen of Georgia because defendants who are citizens of the forum state are only prohibited from removing the suit if federal jurisdiction would be based on diversity. Here, federal jurisdiction would be based on federal question, not diversity.
A State A plaintiff sued a State C defendant in federal court in State A for personal injuries that occurred in State B which caused an alleged $100,000 in damages. The plaintiff argued that the defendant was subject to personal jurisdiction in State A because the defendant took the bar exam in State A several years earlier, and took several vacations to State A in the last 10 years. Additionally, on the latest vacation, the defendant rented a car. The defendant argued that the sum total of his time in State A was to take the bar (which he failed and never took again) and to vacation on two occasions.
Is the man subject to personal jurisdiction in State A?
A No, because although the man had several contacts, even in the aggregate, they are insufficient to establish personal jurisdiction over him.
B No, because the man has shown his intent not to remain in State A and has only entered at limited times and with a limited purpose each time.
C Yes, because renting a car is implied consent which subjects him to personal jurisdiction.
D Yes, because the man, by way of his taking the bar exam, has purposely availed himself of the jurisdiction.
The correct answer is: No, because although the man had several contacts, even in the aggregate, they are insufficient to establish personal jurisdiction over him.
Discussion of correct answer: While the number of times entered and purpose of each trip are useful in balancing the sufficient nature of contacts, it is much easier to look at the intentionality surrounding taking the bar exam. It is also important to note that the contacts are unrelated to the lawsuit. The defendant could actually have many, many more contacts with the state, but if they are unrelated to the lawsuit, they would still not be enough, because general jurisdiction is only available for natural persons who are residents of the state, or non-natural persons who are “essentially at home” in the state. While the man did take the bar exam in the state, he did not pass and never retook the exam. As such, this contact, even with the later vacations added to it, would not be sufficient for general personal jurisdiction.