Personal Jurisdiction vocabulary for Midterm

Question 1

issued by the court commanding officer (usually a sheriff) to seize property of the losing party, and if necessary, sell it at public sale use proceeds to satisfy plaintiff’s judgement

Answer 1

writ of execution

Question 2

res judicata

Answer 2

a thing decided

Question 3

3 types of relief awarded in a civil action

Answer 3

1) declarative
2) specific
3) compensatory

Question 4

consist simply in a court’s defining rights and duties of the parties in a particular legal context (not that common)

Answer 4

declarative relief

Question 5

relief consists generally of an order directing conduct (not possible in all cases)

Answer 5

specific relief

Question 6

calls for judgement that defendant pays plaintiff a certain sum of money

Answer 6

compensatory relief

Question 7

when some court process expires in effectiveness before it can be used but does not completely achieve what it was supposed to do, a second or subsequent document may be issued

Answer 7

alias process

Question 8

at common law, a response to the complaint that does not challenge the merits of the claim but rather raises defects relating to such matters at the location of action, place or trial or wrongful joinder

Answer 8

plea in abatement

Question 9

types of personal jurisdiction

Answer 9

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

Question 10

action against a person seeking to impose personal liability

Answer 10

in personam

Question 11

types of in personam

Answer 11

1) general jur

2) specific jur

Question 12

defendant can be sued in the forum state for a claim arising anywhere in the world.

Answer 12

general jur

Question 13

defendant can be sued in the forum on a claim that he has connection with the forum. cause of action arises out of defendant’s contacts with the forum state or actually arises in the forum.

Answer 13

specific jur

Question 14

a court exercises its power to determine the status of property located within its territory, and the determination is binding with all respect to all possible interest holders in that property. Jurisdiction to adjudicate claims involving property rights of the entire world

Answer 14

In Rem

Question 15

a court renders judgement for or against a person but for recovery is limited to the value of the property may be used to satisfy judgement and thus subject to the court’s authority. The property may be used to satisfy any judgement assessed in the action. May or may not be related to the property. BINDS ONLY THE PARTICULAR PARTIES

Answer 15

quasi in rem

Question 16

what is QIR1?

Answer 16

property is the source of the dispute

Question 17

what is QIR2?

Answer 17

dispute is unrelated to property (property may be used as payment)-

Question 18

what is payment limited to in QIR2?

Answer 18

the value of the property

Question 19

a procedure that allows a defendant to come into the forum for the sole purpose of challenging the court’s jurisdiction

Answer 19

special appearance

Question 20

allows a defendant in an action commenced on QIR basis to appear for the limited purpose of defending his interest in the attached property without submitting to the court’s exercise of full PJ.

Answer 20

limited appearance

Question 21

challenge to the enforcement of a judgement typically arguing that the rendering court lacked jurisdiction

Answer 21

collateral attack

Question 22

what can’t you collaterally attack?

Answer 22

on the merits of the case

Question 23

when can’t you do a collateral attack?

Answer 23

if you don’t appeal or lose your appeal and get final judgement

Question 24

appeal on judgement

Answer 24

direct attack

Question 25

for a federal court to have personal jurisdiction over a def, the state court in which the federal court sits must be able to exercise pj over that def

Answer 25

state long-arm statutes

Question 26

if the state court could not assert pj can the federal court?

Answer 26

NO