Jurisdiction Flashcards
Personal jurisdiction requires that the defendant be ____ to the forum state’s
jurisdiction, and that the defendant be ____.
(1) amenable
(2) served with proper notice
Amenability to personal jurisdiction is governed by the ____ subject to the limits of the ____ of the United States Constitution.
(1) forum state’s law
(2) due process clause
Pennoyer v. Neff described three bases for state jurisdiction over persons and
things. They are:
(1) ____ jurisdiction over the person
(2) ____ jurisdiction over interests in property
(3) ____ jurisdiction over seized property, where plaintiff’s claim is
unrelated to the seized property*
*see Shaffer v Heitner
(1) in personam
(2) in rem
(3) quasi in rem
Pennoyer based its jurisdictional formula on ____ over persons and property within its borders
state power
Under Pennoyer’s in personam jurisdiction, a judgment in plaintiff’s favor:
(1) would be ____ in all states
(2) for the ____ of damages
(3) may be ____ until fully collected
(1) binding
(2) full amount
(3) enforced repeatedly
Under Pennoyer’s in rem jurisdiction, a judgment in favor of plaintiff:
(1) affects ____ in a res (both ____ and ____ to the lawsuit)
(2) does not result in a ____
(3) does not require ____ outside the forum
(1) everyone’s interests…parties…nonparties
(2) money judgement
(3) enforcement
Under Pennoyer’s quasi in rem jurisdiction, a judgment in plaintiff’s favor:
(1) entitles plaintiff to the ____
(2) is not a ____
(3) is not ____
(4) may not be enforced ____
(5) may not be enforced ____
(1) property attached for jurisdiction
(2) personal judgment
(3) enforceable against any other property
(4) more than once
(5) outside the forum
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.
status
____ altered Pennoyer’s rule for personal
jurisdiction, replacing the concept of ____ with the new standards of ____ and ____ provided by the “minimum contacts test.”
Int’l Shoe Co. v. Washington
(1) state power
(2) reasonableness
(3) fairness
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:
(1) ____ in the forum state
(2) ____ to jurisdiction
(3) ____ of objection to jurisdiction
(4) In some jurisdictions, ____ in the forum when served
(1) Residence
(2) Consent
(3) Waiver
(4) Physical presence
Consent to jurisdiction has two forms,
(1) ____ consent and ____ consent.
Examples of express consent include
(2) ____ statutes (Mallory) and
(3) ____ (Carnival Cruise).
(4) An example of implied consent is ____ (Hess v. Pawloski).
(1) express … implied
(2) corporate registration
(3) forum selection clauses
(4) non-resident motorists statutes
If none of the traditional bases are present, a state may only exercise in personam jurisdiction over defendants who are
(1) subject to the state’s ____ AND
(2) have ____ with the state.
(1) long arm
(2) minimum contacts
A long arm statute may ____ (such as doing business in the state) that create jurisdiction, or may reach to the ____.
(1) list activities
(2) full limits of due process
Federal courts use the (1) ____ long arm statute for both diversity and federal question cases, except in a few circumstances where (2) Congress has enacted a ____.
(1) local state’s
(2) federal long arm
There are two categories of minimum contacts:
(1) ____ is where the lawsuit arises from or relates to the nonresident defendant’s contacts with the forum state.
(2) ____ is where the lawsuit is unrelated to the nonresident defendant’s contacts with the forum state.
(1) Specific jurisdiction
(2) General jurisdiction
Specific jurisdiction has four contacts tests, which are that the defendant:
(1) ____ itself of the benefits and protections of forum law;
(2) should have ____ that its activity would subject it to jurisdiction in the
forum state;
(3) could ____ being haled into court in the forum state;
(4) placed its product in the ____ and could
foresee that it would be used in the forum state.
(1) purposefully availed
(2) foreseen
(3) reasonably anticipate
(4) stream of commerce
General jurisdiction has one contact test, which is that defendant’s contacts are so
____ as to render it ____ in the forum state.
(1) continuous and systematic
(2) essentially at home
If the defendant has no contacts with the forum (and does not meet one of the fourtraditional bases of jurisdiction), then there is (1) ____ over that defendant. If, on the other hand, defendant does have specific or general contacts, then the court must consider (2) the ____. This is a (3) ____ test with five factors.
(1) no personal jurisdiction
(2) fair play and substantial justice test
(3) balancing
The Fair play and substantial justice test is a test with 5 factors:
(1) ____
(2) ____ interest in convenient and effective relief
(3) ____
(4) the ____ in furthering fundamental social policies
(5) the ____ in efficient resolution of controversies
(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
