Conflicts of Law

Question 1

PJ: General

Answer 1

A court’s power to decide parties’ rights and duties relative to one another OR to specific property.

Question 2

Two types of QUASI IN REM Jurisdiction

Answer 2

1. In Rem but narrower: The court determines ONLY specific claimants’, AND NO ONE ELSE’S, rights to the red.
2. Attachment Jurisdiction

Question 3

Quasi In Rem: Attachment Jurisdiction

Answer 3

P sues and out of state D in a court WITHOUT PJ, THEN attaches the D’s real property WHICH WAS LOCATED IN THE FORUM but otherwise UNRELATED to the case.
· Means the property would be liquidated to satisfy and resulting judgment

Question 4

General Jurisdiction

Answer 4

The D’s contacts with OR activities in the forum state are so continuous, systematic, or extensive that the D is basically at home there.
· Court can hear REGARDLESS of whether the claim arises from the D’s forum contacts
· Minimum contacts already exist

Question 5

Specific Jurisdiction

Answer 5

Exists if the D has purposefully availed itself of the privilege to conduct activities in or direct activities at the forum state.
· Min. contacts already exist
· D must DELIBERATELY do something in the forum or target the forum w/ out-of-state activities
–> NOT ENOUGH that the D could foresee those activities MIGHT produce some effect in the forum
· Empowers the court to decide ONLY CLAIMS arising from D’s contacts w/ the forum state.

Question 6

Specific Jurisdiction: IN REM & QUASI IN REM JURISDICTION

Answer 6

The mere fact that the D owns property in the forum state is USUALLY ENOUGH To support specific jurisdiction BUT ONLY if the merits of the case RELATE TO THE PROPERTY