Fill in the Blank Quiz

Question 1

Personal jurisdiction requires that the defendant be _______ to the forum state’s jurisdiction and that the defendant be ________

Answer 1

amenable

served with proper notice

Question 2

Amenability to personal jurisdiction is governed by _________ subject to ___________ of the United States Constitution

Answer 2

forum state’s law

Due process clause

Question 3

Pennoyer v. Neff described three bases for state jurisdiction over persons and
things. They are…

——- jurisdiction over the person
_____ jurisdiction over interests in property
____ jurisdiction over seized property, where plaintiff’s claim is
unrelated to the seized property

Answer 3

1) In personam
2) In rem
3) Quasi in rem

Question 4

Pennoyer based its jurisdictional formula on __________ over persons and property
within its borders

Answer 4

State power

Question 5

Under Pennoyer’s in personam jurisdiction, a judgment in plaintiff’s favor….three things

would be ____ in all states
for the ____ amount of damages
may be _____ until fully collected

Answer 5

binding
full
enforced repeatedly

Question 6

Under Pennoyer’s in rem jurisdiction, a judgment in favor of plaintiff….three things

affects ______ in a res (both ____ and _____ to the lawsuit)
does not result in ______
does not require _____ outside the forum

Answer 6

everyone’s issue
parties and non parties
money damages
enforcement

Question 7

Under Pennoyer’s quasi in rem jurisdiction, a judgment in plaintiff’s favor…five things
entitles plaintiff to ____
Is not ____
is not ____
may not be enforced ______
may not be enforced

Answer 7

the property attached for jurisdiction
a personal judgement
enforceable against any other property
more than once
outside the forum

Question 8

Another type of jurisdiction discussed in Pennoyer is _______, which involves the
state’s authority to adjudicate such matters as divorce, adoption, citizenship and
mental competence

Answer 8

status

Question 9

_________ altered Pennoyer’s rule for personal
jurisdiction, replacing the concept of ______ with the new standards of
_________ and ______ provided by the “minimum contacts test.

Answer 9

International shoe v. Washington

state power

reasonableness and fairness

Question 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:
_____ in the forum state
______ to jurisidiction
_______ of objection to jurisdiction
________ in the forum when served

Answer 10

residence
waiver
physical presence
Consent

Question 11

Consent to jurisdiction has two forms, ________ and ________. ____________ are an example of express consent, and __________are an example of implied consent

Answer 11

expressed
implied
forum selection clauses
non-resident motorists statutes

Question 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 ______

Answer 12

specific jurisidiction
general jurisdiction

Question 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

Answer 13

Specific jurisdiction

General jurisdiction

Question 14

Specific jurisdiction has four contacts tests, which are that the defendant….

________ itself of the benefits and protections of forum law;
should have _____ that its activity would subject it to jurisdiction in the
forum state;
could ________ being haled into court in the forum state
placed its product in the _______ and could foresee that it
would be used in the forum state

Answer 14

1) purposefully availed
foreseen
3) reasonably anticipate
4) stream of commerce

Question 15

General jurisdiction has one contact test, which is that defendant’s contacts are so _______ as to render it ________ in the forum state

Answer 15

continuous and systematic

essentially at home

Question 16

If the 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, on the other hand, defendant does have specific or general contacts,
then the court must consider the _______ This is a
______ test with five factors, which are:

________ interest in convenient and effective relief
__________
the _______ in furthering fundamental social policies
the ______ in effective resolution of controversies

Answer 16

no personal jurisdiction
fair play and substantial justice test
balancing
1) burden on the defendant
2) plaintiff’s
3) the forum state’s interest
4) shared interests of several states
5) judicial system’s interest

Question 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 ______ parties of the pendency of the action, and
afford them an _______ and _______

Answer 17

reasonably calculated

interested

opportunity to appear

present objections

Question 18

An abbreviated version of the Mullane notice rule is that _______ requires
______ and _______

Answer 18

due process

notice

an opportunity to be heard

Question 19

Which rule of the Federal Rules of Civil Procedure deals with initially notifying
the defendant of the lawsuit?

Answer 19

Rule 4

Question 20

Under Fed. R. Civ. P. 4(e), in addition to service under state law, the means of
service on a competent adult are:
a._______ to defendant;
b. leaving copies at ____ with a person of _______
c. serving defendant’s ______

Answer 20

1) personal delivery
2) l defendant’s dwelling
suitable age and discretion
appointed agent

Question 21

In most cases, the federal method of service on defendants outside the district is by
the _____ statute of the state in which the federal court sits

Answer 21

long arm

Question 22

The purposes of venue rules are:
_______ to defendant
_______ of caseload within the forum state

Answer 22

fairness

geographic allocation

Question 23

The federal statute for general venue provisions

Answer 23

28 U.S.C. 1391

Question 24

The purpose of forum non conveniens is to ______
based on fairness and convenience

Answer 24

move cases from one forum to another

Question 25

Subject matter jurisdiction refers to the court’s authority to adjudicate based on the
______ and in some cases, ________

Answer 25

type of case

the dollar amount in controversy

Question 26

Under Article III, federal courts have subject matter jurisdiction over two primary
types of cases

Answer 26

Federal question and diversity of citizenship

Question 27

The statute dealing with general federal question jurisdiction is ____
It provides that federal courts have jurisdiction over any civil action _______ of the United States

Answer 27

28 U.S.C. 1331

arising under the Constitution, laws, or treaties

Question 28

In addition to the general federal question provisions in 28 U.S.C. § 1331, there are
specific statutes on federal question jurisdiction, including actions against (name
three):

Answer 28

foreign states, admiralty, patents, civil rights, consuls, internal revenue, and
United States as plaintiff or defendant

Question 29

Diversity jurisdiction is covered by ________ That statute provides that
federal courts have subject matter jurisdiction over claims between _______ or between ______and ______ where the amount in
controversy ________

Answer 29

28 U.S.C. 1332

citizens of different states

state citizens

foreign citizens

exceeds $75,000

Question 30

Although the Constitution requires only _______, 28 U.S.C. § 1332 requires________. This means that all plaintiffs must have different citizenship than all defendants.

Answer 30

partial diversity

complete diversity

Question 31

For diversity purposes, a corporation has two citizenships, which are

Answer 31

state of incorporation and principal place of business

Question 32

A corporation’s principal place of business is defined as its

Answer 32

nerve center

Question 33

For diversity purposes, partnerships have the citizenship of

Answer 33

all the partners

Question 34

Under the St. Paul Mercury test, the amount in controversy is determined by plaintiff’s _______

Answer 34

good faith pleading

Question 35

In achieving the amount in controversy, may Plaintiff aggregate (answer “yes” or
“no”):
a. all of Plaintiff’s claims against one defendant?
b. alternate theories of recovery for the same wrong?
c. claims of different plaintiffs?
d. claims against different defendants?

Answer 35

a. Yes
b. No
c. No
d. No

Question 36

In some cases, a related claim that lacks diversity or federal question jurisdiction may be included. This is called _____

Answer 36

Supplemental jurisdiction

Question 37

Federal courts traditionally abstain from _______, _______, and ______

Answer 37

family law, probate, and state criminal proceedings

Question 38

If plaintiff has filed his action in state court, and jurisdiction is proper in federal court, defendant may remove the case to federal court. This is done by filing a_______ in federal court, attaching a copy of _______
and _______to the state court and all parties

Answer 38

Notice of removal
all state pleadings
giving notice

Question 39

If there is a ________ defect in the removal, the case must be remanded to state
court no matter when the objection is made

Answer 39

jurisdictional

Question 40

If there is a ______ defect in the removal, the case must be remanded to state court if a

Answer 40

procedural

proper and timely objection is filed

Question 41

State court subject matter jurisdiction is governed by

Answer 41

State law

Question 42

In state courts, subject matter jurisdiction is designated by _____ and/or ______

Answer 42

type of case

dollar amount

Question 43

Federal courts have _____ jurisdiction over patent claims. Federal and state court share _____ jurisdiction over _____

Answer 43

exclusive

concurrent

federal civil rights actions

Question 44

A court has ______ jurisdiction if it is the required forum at the beginning of the
case. A court has ______ jurisdiction if it may adjudicate a case only after it has
been heard in a lower court

Answer 44

original

appellate

Question 45

A federal district court has ______ jurisdiction over a dispute filed there and
raising a federal question, and ______ jurisdiction over appeals from Texas state agency decisions.

Answer 45

Original

appellate

Question 46

A federal district (trial) court has _______ jurisdiction over appeals from federal administrative agency decisions

Answer 46

appellate

Question 47

The United States Supreme Court has ______ jurisdiction over disputes between states.

Answer 47

original

Question 48

The Rules of Decision Act provides that ________ except where the Constitution or treaties of the United States or Acts of Congress
otherwise require or provide, shall be regarded as ________ in civil actions in the courts of the United States, in cases where they apply.

Answer 48

the laws of the several states

rules of decision

Question 49

________ interpreted the Rules of Decision Act to require federal courts to apply the _______ in cases where state law applied.

Answer 49

Swift v. Tyson
general American common law

Question 50

Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law applies in federal court, the federal court must apply ________

Answer 50

the law of the state in which that federal court sits

Question 51

_________ coined the _________ which provides
that the ______ Doctrine mandates state law only where it affects substantive rights
that are potentially outcome determinative

Answer 51

Guaranty Trust v. York
outcome determinative test
Erie