In Personam Personal Jurisdiction

Question 1

Federal Rule 4(K)(1)

Answer 1

A Federal district court piggy backs on its states long arm statute allowing it to excercise in personam personal jurisdiction in the same way the state court would which is likely to the full extent the constitution allows unless the state has a specific long arm statute giving the state in personam jurisdiction, in specific instances while in compliance with the constitution.

Question 2

Pennoyer test

Answer 2

Domicile, presence, consent

Question 3

International shoe Test

Answer 3

1) Minimum contacts in the forum state that are systematic and continuous
2) the exercise of in personam personal jurisdiction would not offend the traditional notions of fair play and substantial justice

Question 4

5 fairness factor for 2nd prong of I-Shoe

Answer 4

WWV

1) Burden on the defendant
2) The forum state interest in adjudicating the claim
3) The plaintiffs concern with obtaining convenient and effective relief
4) The interstate judicial systems interest
5) The goal of substantive social policies

Question 5

Purposeful Availment

Answer 5

Is the defendant doing something to promote interaction with the forum state
invoking protections and benefits of the state Hanson v Deckla.

Question 6

Minimum Contacts-stautory

Answer 6

When a state statute Gray v Am Radiator, dictates that the defendant who commitied a tort by himself or through an agent submits to that states jurisdiction

Question 7

Minimum contacts-Mcgee

Answer 7

One claim is enough to bring personal jurisdiction. defendant was life insurance holder, only client in california. premiums, invoice and everything was mailed from cali. Defendant tried to dispute say nor jurisdiciton, supreme court said yes there is.

Question 8

Minimum contacts-unilateral activity

Answer 8

not enough, those who claim a relationship with a non resident defendant cannot satisfy the requirement of contact with the forum state. Hanson v Deckla

Question 9

Minimum Contacts-Foreseeability

Answer 9

Alone is not enough, must analyze defendants conduct and connection with the forum state, and are they as such that he should reasonable anticipate being haled into court there? World Wide Volkswagen

Question 10

Minimum contacts-Calder Effects test

Answer 10

insufficient minimum contacts, but where an action is targeted at a specific forum, and has foreseeable effects calder v jones

Question 11

Minimum Contacts Zippo Test

Answer 11

Active V Interactive v Passive

1) websites that conduct business over the Internet-active likely to avail
2) websites where users exchange information with the host computers- (interactive) availment determined by interactivity and commercial nature
3) websites that do little more than present information- passive unlikely to avail

Question 12

General Jurisdiction

Answer 12

Sufficient Contacts with the forum to warrant asserting jurisdiction over it for all matters

Question 13

Specific Jurisdiction

Answer 13

Sufficient contact with the state forum to warrant asserting jurisdiction over it for matters related to its activity with the forum without having enough contacts to warrant general

Question 14

Not Continuous and systematic?

Answer 14

not enough for General Jurisdiction

Question 15

Specific v General fair or unfair?

Answer 15

If asserting specific then probably fair

if asserting general then probably not fair

Question 16

Qir-1

Answer 16

: Resolving Interests in (quiet title to) property just as parties to suit

Question 17

QIR-2

Answer 17

defendants ownership of property in forum state provides basis for jurisdiction (even if claim in lawsuit unrelated to property) But judgement limited to the value of the property

but if direct assertion of jurisdiction violates constitution then it is impermissible.

Question 18

Carnival Cruise Lines

Answer 18

Supreme court did not consider defendants minimum contacts arguments instead it addressed the enforce-ability of the forum selection clause as a matter of contact law
Including a reasonable forum clause in a form contract of this kind well may be permissible

Question 19

Burnham Scalia Opinion/ Case Holding

Answer 19

even if in state for short period of time it can be argued that the defendant availed themselves to the benefits and protection of the state even though he was not a resident there

Question 20

Purposefully directed standard

Answer 20

When a website is not active the defendant must somehow purposefully direct an action by an individualized targeting of the state and that foreseeability of effects (calder effects test) in the forum state was not enough

Question 21

Burnham Decision Brennan Opinion

Answer 21

Questioned whether in personam Jxn could be found, if the actor was in the state involuntarily

Question 22

Outcome Determinative Test

York Case

Answer 22

Whether to apply state or Federal Law:
1) Determine impact of state law on holding of case

2) State laws which are more determinative in regards to outcome should be applied
3) Not as determinative should be subsumed by fed law
4) Cases in which state law was merely procedural and not substantive federal law should be applied

Question 23

Twin Aims of Erie case

Answer 23

1) Discourage Forum Shopping

2) Prevent unfair administration of justice

Question 24

When no federal directive–>

Answer 24

Apply erie test and outcome determine test

Question 25

If Valid federal directive–>

Answer 25

Apply the Hanna prong,

Question 26

Hanna Test

Answer 26

determine whether there is a state law in direct conflict with federal directive.

If no then State and Federal law are equally as important.

If it is in direct conflict then federal directive takes precedence over state law.

Question 27

Diversity Fed JXN

Answer 27

Code 1332

1) Amount in controversy OVER 75,000
2) diversity of citizenship

Question 28

Federal Question JXN

Answer 28

When there is a question arises under federal law and/or constitutional law

Article III, Section 2 of the
US Constitution gives Congress the power to exercise jurisdiction over claims
arising under the Constitution, federal statutes, and treatises

Question 29

Corporate Domicile Definition

Answer 29

(1) place of incorporation,

(2) primary place of business,

Question 30

Tests for Corporate Domice

Answer 30

1) the nerve center test (headquarters, where executives report to)
2) the business activities test (where the “muscle” is, where the bulk of employees are, or one of the main location,

3) the total activities
test (takes all factors into account)

Question 31

Arising Under/Harms Test

Answer 31

1) construction test, a claim arises under federal law if it requires the FDC to construe or interpret federal law.

2) Under the creation test, if
federal law is involved at all in the case, then the claim arises under federal law,
and the FDC has federal question jx

Question 32

Mottley Test

Answer 32

Well pleaded complaint, Fed’s will examine the case based on the plaintiffs complaint and whether it falls under federal question JXN, not defenses to it

Question 33

Purpose for Removal

Answer 33

provide equal access to the court system for

both plaintiff and defendant

Question 34

Res Judica

Answer 34

r the notion that

separate claims employing the same set of facts should be tried as one case