Themis Essay 4900

Question 1

Under the Federal Rules of Civil Procedure, the lack of personal jurisdiction defense must be made in a

Answer 1

pre-answer motion or, if no pre-answer motion is made, in the answer within 21 days of service of the complaint, or else the defense is waived.

Question 2

A motion to dismiss for lack of personal jurisdiction may be filed after

Answer 2

an answer is filed when the answer pleads a lack of personal jurisdiction.

Question 3

A federal court must generally determine personal jurisdiction as if it were

Answer 3

a court of the state in which it is situated.

Question 4

A federal court will generally look to state jurisdictional statutes to determine

Answer 4

if it has personal jurisdiction over the parties before it.

Question 5

In determining whether a federal court has personal jurisdiction over an out-of-state defendant, the court must first determine

Answer 5

whether there is a statute or rule that authorizes the court to exercise personal jurisdiction over the defendant.

Question 6

If a federal court determines there is a statute or rule enabling the court to exercise personal jurisdiction over a defendant, then

Answer 6

the court must determine whether the defendant had the type of purposeful contacts with Virginia that constitutionally makes it fair (i.e., satisfies due process) to be sued in Virginia.

Question 7

Virginia’s long-arm statute authorizes a court to exercise personal jurisdiction over a defendant who, through its conduct:

Answer 7

(i) causes tortious injury in Virginia;
(ii) causes injury in Virginia due to a breach of contract; or
(iii) uses a computer or computer network located in Virginia.

Question 8

The type of purposeful contacts with Virginia that constitutionally makes it fair (i.e., satisfies due process) to be sued in Virginia is referred to as

Answer 8

the “minimum contacts” requirement.

Question 9

Under the “minimum contacts” requirement, the focus is on whether the defendant’s contacts are such that the court would have

Answer 9

general jurisdiction over the defendant to hear any matter involving the defendant, or specific jurisdiction to hear the matter in question.

Question 10

For general jurisdiction over a corporation, the proper inquiry is whether the corporation’s affiliations with the state are

Answer 10

so “continuous and systematic” as to render the corporation essentially “at home” in the forum state.

Question 11

A corporate defendant is always at home in

Answer 11

(i) the state of incorporation, and
(ii) the state of its principal place of business.

Question 12

When a cause of action arises out of or closely relates to a defendant’s contact with the forum state, jurisdiction may be warranted over that action even if

Answer 12

that contact is the defendant’s only contact with the forum state.

Question 13

Most courts base jurisdiction over a nonresident’s website on the degree of

Answer 13

interactivity between the website and the forum.

Question 14

Specific personal jurisdiction has been found when the defendant has purposefully availed itself of

Answer 14

the privilege of doing business in the forum state.

Question 15

When a product is put into the stream of commerce by a manufacturer, and a plaintiff is injured by the product, there is a question as to what is required of the manufacturer to avail itself of

Answer 15

the privileges of the jurisdiction where the plaintiff is injured, and the U.S. Supreme Court has not been able to reach a cohesive answer.