MidTerm

Question 1

According to toPennoyer v. Neff

Answer 1

Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory

Question 2

To obtain jurisdiction over a nonresident defendant the plaintiff must arrange to have the defendant personally served with process within the borders of the state in question is

Answer 2

In personam jurisdiction

Question 3

According to Milliken personal jurisdiction is not based on the litigation incident and the defendant may be served…

Answer 3

in or outside the state

Question 4

Corporations are deemed citizens of their state of…

Answer 4

incorporation and their principal place of business (28 US § 1332)

Question 5

Corporations are also subject to general in personam jurisdiction. T/F

Answer 5

True

Question 6

How is the principal place of business determines according to Hertz?

Answer 6

the nerve test

Question 7

Corporations can only be _____.

Answer 7

Citizens NOT DOMICILE

Question 8

People can be both domicile and citizens. T/F

Answer 8

true

Question 9

What is the test to determine if someone is domicile?

Answer 9

1. Physical presence

2. Intent to remain indefinitely

Question 10

Can a defendant be served in the state where the case is brought if they are not a resident?

Answer 10

yes

Question 11

If a person is served in the state where the case is brought what kind of jurisdiction does the court have over the defendant?

Answer 11

General in personam jurisdiction

Question 12

What kind of jurisdiction does systematic and continuous contacts render?

Answer 12

General in personam jurisdiction

Question 13

Systematic and continuous contacts typically applies to …

Answer 13

corporations

Question 14

Consent trumps minimum contacts test. T/F

Answer 14

true

Question 15

Minimum contacts test renders ____ personam jurisdiction.

Answer 15

Specific (limited) jurisdiction

Question 16

Minimum contacts test applies to …

Answer 16

both individuals and corporations

Question 17

For minimum contacts, it must be the defendant’s ___ ____ into the forum state. (Worldwide Volkswagen)

Answer 17

Purposeful availment

Question 18

The stream of commerce analysis as it relates to purposeful availment (re commercial activity in the state). T/F

Answer 18

true

Question 19

A single act may do if it is a single act which leads to a dispute (McGee & Burger King) T/F

Answer 19

true

Question 20

Major manufactures and distributors of a defective product will be subject to…

Answer 20

specific personal jurisdiction in any state that the product reaches

Question 21

What are the two prongs of the minimum contacts test

Answer 21

1. minimum contacts

2. Fair play and substantial justice

Question 22

Which prong of the minimum contacts test is stronger?

Answer 22

Fair play and substantial justice prong

Question 23

The weaker prong is viewed via defendant’s deliberate contact with the forum state and that contact is sufficiently related to the cause of action. What prong is this?

Answer 23

Minimum contacts test prong

Question 24

The minimum contacts test prong is judged by

Answer 24

purposeful availment analysis

Question 25

The fair play and substantial justice prong of the minimum contacts test is...

Answer 25

The assertion of personal jurisdiction is not contrary to our traditional notions of such. This is judged by a reasonableness analysis.

Question 26

How must noticed be served?

Answer 26

Reasonable for the circumstances to allow interested parties of the pendency of the action and afford them an opportunity to present their objections. Reasonable to convey the required information and must afford reasonable time for the interested to make their appearance

Question 27

What is enumerated long arm-statute?

Answer 27

limited, self-imposed restraints on personal jurisdiction power