Personal Jurisdiction Flashcards

1
Q

A court may properly exercise specific jurisdiction IF

A

the suit arises out of of relates to D’s contacts with the forum state

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2
Q

General jurisdiction focuses on the quantity or quality or the contacts?

A

Quantity

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3
Q

A court may exercise GJ over a D in a suit not arising out of or related to D’s contacts with the forum state, so long as the contacts . . .

A

Are sufficiently numerous to amount to a continuous and systematic activity in the state.

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4
Q

For questions involving PJ in federal courts, you should analyze the power of the court to assert PJ over a particular D in the same way that you would analyze the power of . . .

A

A state court within the jurisdiction where the fed court sits.

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5
Q

Sam and Sally married in PA and lived there for their marriage. Sally left Sam and got a “quickie” divorce is Nevada. As part of the proceeding, Nevada court also divided up the couple’s marital property. Sally came back to PA and asked a PA court for an order enforcing the NV property decree. Sam has never been to Nevada and has nothing to do with the state. NV recognizes quickie divorces and PA does not.

How can Sam defend the PA action using a PJ theory? Choice of law theory? Recognition of judgments?

A

PJ? He can argue that he has no contacts in NV, so NV court lacked PJ

Recognition of Judgments? Say that NV court lacked PJ and was therefore incapable of rendering a judgment that PA would be obligated to enforce.

Choice of Law? No contacts with NV, NV lacks the prerogative to apply its own legal principles to my rights.

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