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98 cards
1What is personal jurisdiction?
2What is in personam jurisdiction?
3What is general personal jurisdiction?
4What is specific personal jurisdiction?
5What is transient jurisdiction?
6In general, under what circumstances does a court have in rem or quasi in rem jurisdiction over particular property?
7What is jurisdiction in rem?
8Does a court exercising solely in rem jurisdiction have authority to determine personal rights unrelated to the subject property?
9In general, what is jurisdiction quasi in rem?
10What is a type 1 quasi-in-rem action?
11What is a type 2 quasi in rem action?
12For many years, a divorced Navy veteran directed the Navy paymaster in State A to send a portion of his military pension directly to his ex-wife, t...
13If all federal constitutional requirements for personal jurisdiction are satisfied, is that alone enough for a court to exercise personal jurisdict...
14In the broadest possible terms, for a court to exercise personal jurisdiction over a defendant, what two requirements must be satisfied?
15The owner of a parcel of land entered into a contract to sell it to a buyer. The buyer paid the purchase price, but the owner refused to deliver th...
16What is a long-arm statute?
17Is there a general federal long-arm statute?
18Upon what five general bases do the Federal Rules of Civil Procedure permit the federal district courts to exercise personal jurisdiction?
19What are the general bases for a state to exercise some form of personal jurisdiction over an individual?
20Is consent or waiver a valid statutory and constitutional basis for personal jurisdiction?
21In general, does a plaintiff consent to a court’s personal jurisdiction by filing suit in that court?
22What is a general appearance?
23What is a special appearance?
24Under the Constitution, may a court impose waiver of objection to personal jurisdiction as a sanction for misconduct?
25In general, do state courts hold that service on an out-of-state corporation’s registered agent for service of process establishes consent to speci...
26A student was born in State A, where she lived with her parents throughout her childhood. On her eighteenth birthday, she moved to State B to atten...
27An employee entered into a contract with an employer in which the employee agreed to submit to the jurisdiction of the courts of State A. In State ...
28If an individual designates an agent upon whom service of process may be made in a state, is service of process on that agent sufficient for the st...
29A plaintiff brought a lawsuit in the courts of a state with which he lacked minimum contacts. The defendant, in turn, asserted a counterclaim again...
30A professional archer lived in State A. While hunting in State A, near the border of neighboring State B, the archer shot an arrow. The arrow flew ...
31A businessman did some business in State A, but the nature of his business in State A was not continuous and systematic. The businessman’s only con...
32For a judgment against a party to be valid, does due process require that the party have received reasonable notice and an opportunity to be heard?
33If the basis for the court’s personal jurisdiction is solely in rem or quasi-in-rem, must the defendant receive reasonable notice and an opportunit...
34For due-process purposes, what is generally required for notice to be reasonable?
35What is the preferred method to provide defendants notice of lawsuits filed against them?
36In general, does notice by publication constitute reasonable notice for due-process purposes?
37In federal civil proceedings, who may serve process?
38In federal civil proceedings, what are the proper ways to serve process on an individual in the United States?
39In federal civil proceedings, what are the proper ways to serve process on a corporation in the United States?
40In federal civil proceedings, what are the proper ways to serve process on a defendant outside the United States?
41In federal civil proceedings, within what timeframe must the plaintiff serve the defendant with process?
42For due-process purposes, does proper and successful service of process constitute reasonable notice?
43As a matter of due process, if a defendant receives notice of a proceeding in too short a time to prepare a case, does that constitute an adequate ...
44In general, what is the due-process test to determine whether specific notice procedures provided a defendant an adequate opportunity to be heard?
45What is a temporary restraining order (TRO)?
46Does constitutional due process permit a court to issue a temporary restraining order without notice to the affected party?
47A plaintiff sued a defendant in state court. The defendant resided in the state but was traveling out of the state when the plaintiff brought suit....
48A plaintiff sued a defendant in state court. The defendant had no known address and took extensive steps to hide from the process servers the plain...
49A plaintiff sued a defendant in state court in State A. On January 3, the defendant was personally served with a summons while at his home in State...
50What is a forum-selection clause?
51What is an exclusive forum-selection clause?
52What is a nonexclusive forum-selection clause?
53In what circumstances will the courts refuse to enforce an exclusive forum-selection clause?
54Can contracting parties use a forum-selection clause to confer subject-matter jurisdiction on a court that otherwise lacks it?
55If a court concludes that an exclusive forum-selection clause selecting a court in a different state is enforceable, what action will it take?
56An oil company headquartered in the United States entered into a contract with a shipping company headquartered in a foreign country to transport a...
57A man who was a resident of State A bought tickets for a cruise from a company headquartered in State B. The back of the man’s ticket contained a l...
58A seller entered into a contract with a buyer. The contract contained this clause: “The parties consent to jurisdiction in State A, and any dispute...
59Will courts generally exercise personal jurisdiction over a defendant if that jurisdiction has been obtained by fraud?
60Will a court exercise personal jurisdiction over a defendant if that jurisdiction has been obtained by unlawful force?
61Under what circumstances will a court decline to exercise in-rem jurisdiction or quasi-in-rem jurisdiction over personal property?
62Will a court exercise personal jurisdiction over foreign diplomats or heads of state if customary international law or a treaty forbids the exercis...
63Will a court exercise personal jurisdiction over a witness or a lawyer if that individual has been granted immunity from service of process in the ...
64A plaintiff wished to sue a defendant in the courts of State A. The defendant was a resident of State B. The plaintiff knew of an awards banquet to...
65A plaintiff wished to sue a defendant in the courts of State A. The defendant was a resident of State B. The plaintiff drove to the defendant’s hou...
66A plaintiff wished to sue a defendant in the courts of State A. The defendant resided in State B. To establish personal jurisdiction in State A, th...
67What is forum non conveniens?
68In general, will federal courts invoke the doctrine of forum non conveniens if the alternative forum is a court in the United States?
69What are the three steps in a forum non conveniens analysis?
70What four factors influence the weight a court accords to a plaintiff's choice of forum in a forum non conveniens analysis?
71Under what circumstances is an alternative forum generally adequate, for purposes of a forum non conveniens analysis?
72What five private interests of the litigants must a court weigh in deciding whether to dismiss a case on the basis of forum non conveniens?
73What five public-interest factors must a court weigh in deciding whether to dismiss a case on the basis of forum non conveniens?
74What is the procedural result if a court decides to apply the doctrine of forum non conveniens?
75If a court decides to dismiss a case on forum non conveniens grounds, may it attach conditions to the dismissal?
76Can a state court invoke forum non conveniens to dismiss a case in favor of the courts of another state, a territory, or a foreign country?
77If the plaintiff and defendant have entered into a valid, exclusive forum-selection clause, will the plaintiff's choice of forum receive any defere...
78Due to the defendant’s negligence, the plaintiff’s warehouse in a foreign country was destroyed in a fire. The defendant was a corporation located ...
79A company headquartered in a U.S. state manufactured planes. One of its planes crashed in a foreign country, killing everyone aboard. All victims w...
80Which provisions in the U.S. Constitution limit courts’ ability to exercise personal jurisdiction over defendants?
81May a state statute or constitution extend state courts’ personal jurisdiction beyond the limits imposed by the U.S. Constitution?
82Under what circumstances may a state court assert general jurisdiction over a defendant, consistent with the federal Constitution?
83In which state or states is a natural person always subject to general jurisdiction?
84Where is a corporation always subject to general jurisdiction?
85A company was incorporated under the laws of a foreign country. A military occupation brought the company’s business in the country to a halt. The ...
86A firm was incorporated and had its principal place of business in a foreign country. The firm entered into a contract with a company headquartered...
87A tire company was incorporated and headquartered in a foreign country. It sold tires exclusively to customers in the foreign country. A bus outfit...
88What are the two federal constitutional requirements to establish specific jurisdiction?
89In general, what does the minimum-contacts test for specific jurisdiction require?
90For a contact between the defendant and the forum state to be relevant to the minimum-contacts test for specific jurisdiction, what two requirement...
91In general, what does it mean to say that specific jurisdiction would not offend traditional notions of fair play and substantial justice?
92What does the Constitution require to establish specific jurisdiction over a defendant who is not subject to personal jurisdiction in any particula...
93A woman residing in State A was involved in a traffic accident while driving through State B. Her car caught fire, causing serious injuries. In the...
94A franchisor, a corporation headquartered in State A, entered a franchise agreement with a corporation headquartered in State B, to operate a resta...
95Under the Constitution, must transient jurisdiction generally satisfy the same requirements that apply to specific and general jurisdiction?
96To establish personal jurisdiction if the plaintiff brings a type 2 quasi in rem action, is it constitutionally necessary to show that the defendan...
97Under what circumstances does merely owning property in the forum state generally satisfy the minimum-contacts test for specific jurisdiction?
98The director of a corporation owned 100 shares of company stock. Under the law of the state in which the company was incorporated, all shares of st...
All flashcards
98 cards