Quizzes #1 Flashcards
(19 cards)
What is the definition of personal jurisdiction?
a. the power of a court to enter a final and binding judgment
b. the power of a state legislature to write a long-arm statute
c. the power of the executive branch to be an agent for receipt of service of process
d. the power of a court to declare someone to be a citizen or a domiciliary
a. the power of a court to enter a final and binding judgment
What do we call the statute state legislatures write which authorizes courts to send a summons and complaint to a defendant who lives out of state?
a. a statute of limitations
b. a statute of response
c. a long-arm statute
d. a personal jurisdiction statute
c. a long-arm statute
What two things does a state need to have in order to have personal jurisdiction over a defendant?
constitutionally-valid basis for asserting power
adequate service of process
True or False: Until the early part of the 20th century, a state’s process (meaning a complaint and a summons that accompanied it) were no good outside of the state’s geographical boundaries.
True
Historically, the only three bases for a state to assert personal jurisdiction over any defendant were:
- The defendant is a ___________ or ____________.
- The defendant is ___________ in the state when served with process, or
- The defendant _____________ to jurisdiction.
domicile or domiciliary
present
consents
The basis for personal jurisdiction over the plaintiff is…
a. Minimum contacts, because the plaintiff chooses the forum.
b. Presence plus in-state service of process.
c. Domicile, because the plaintiff files the action in his/her home state.
d. Consent, because the plaintiff chooses the forum.
d. Consent, because the plaintiff chooses the forum.
In legal procedure, to ‘appear’ in the action means:
a. to physically show up in court on the date and time in the summons that accompanies the complaint.
b. to respond to the complaint.
c.. to hire counsel.
b. to respond to the complaint.
True or False: If a defendant does not appear in the action, the first thing the court will do is enter a default judgment against her.
False; If and when the defendant fails to show up physically for trial, THEN they may enter a default judgment.
True or False: Federal courts can hear any type of case, since they are the courts for the United States, while state courts can hear only the types of cases that Congress authorizes them to by statute.
False - Federal courts assume they don’t get subject matter jurisdiction unless explicitly given otherwise by Congress.
True or False: Only federal courts may hear federal question cases.
False - Federal and state courts have concurrent jurisdiction over federal question cases.
How many of the following are true?
While federal question cases have an amount-in-controversy requirement, diversity of citizenship cases do not.
While diversity of citizenship cases have an amount-in-controversy requirement, federal question cases do not.
Diversity of citizenship cases will involve matters of state substantive law (breach of contract, personal injury, etc.) even though they are being tried in federal court.
A case involving interpretation of the U.S. Constitution could be tried in state court.
Bankruptcy cases, patent infringement and copyright infringement cases must be brought in federal court.
Bankruptcy cases, patent infringement and copyright infringement cases must be brought in state court.
Concurrent subject matter jurisdiction means that a case could only be brought in federal or state court, not both.
Concurrent subject matter jurisdiction means that a case could be brought in federal and state court.
Exclusive subject matter jurisdiction means that a case could be brought in federal and state court.
Exclusive subject matter jurisdiction means that a case could only be brought in federal or state court, not both.
6
True or False: Venue is a procedural concept that indicates where within the proper jurisdiction a case should be filed.
True
Which of the following are proper places for venue pursuant to 28 U.S.C. 1391?
a. A district where any plaintiff resides, if all plaintiffs are from the same state.
b. A district where any defendant resides, if all defendants reside in the same state.
c. A district where a substantial part of the events that brought about the cause of the action took place.
d. Any district where any defendant is subject to personal jurisdiction.
b, c, and d
True or False: There could be more than one proper place for venue pursuant to the federal or state venue statute.
True
True or False: A federal district court judge may transfer venue to a different United States district court, even if it is in another state, but a state trial court judge can only transfer venue to another trial court in the same state.
True
The order in which important procedural issues should generally be addressed in federal court is:
a. SMJ, PJ, venue
b. PJ, SMJ, venue
c. venue, PJ, SMJ
d. venue, SMJ, PJ
a. SMJ, PJ, venue
True or False: Removal is a right that belongs exclusively to the defendant.
True
What is removal?
When a defendant petitions to ends the case in state court and transfers the action to federal court instead.
What is the Full Faith and Credit Clause?
The clause in the U.S. Constitution that an out-of-state judgment creditor will use in order to argue that a court in State B should enforce a judgment that was entered in State A.
