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Flashcards in Final Fill in the Blank Deck (141)
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1

Personal jurisdiction requires that the defendant be ______ to the forum state’s jurisdiction, and that the defendant be ______________.

amenable, served with proper notice

2

Amenability to personal jurisdiction is governed by the _______, subject to the limits of the _______ of the United States Constitution.

forum state’s law, due process clause

3

Pennoyer v. Neff described three bases for state jurisdiction over persons and things. Theyare
a. ________: jurisdiction over the person
b. ________: jurisdiction over interests in property
c. ________: jurisdiction over seized property, where plaintiff’s claim is unrelated to the seized property.

In personam, In rem, Quasi in rem

4

Pennoyer based its jurisdictional formula on ______ over persons and property within its borders.

state power

5

Under Pennoyer's in personam jurisdiction, a judgment in plaintiff's favor
—would be _____ in all states
—for the _____ of damages
—may be _______ until fully collected

binding in all states , full amount of damages, enforced repeatedly until fully collected

6

Under Pennoyer's in rem jurisdiction, a judgment in favor of plaintiff
—affects ________ in a res (both _____ and _____ to the lawsuit)
—does not result in a ___________
— does not require ______ outside the forum

everyone’s interests, parties, nonparties
money judgment
enforcement

7

Under Pennoyer’s quasi in rem jurisdiction, a judgment in plaintiff’s favor:
—entitles plaintiff to the ____________________
—is not a _________
—is not __________________
—may not be enforced ____________
—may not be enforced ____________

property attached for jurisdiction,
personal judgment
enforceable against any other property
more than once
outside the forum

8

Another type of jurisdiction not discussed in Pennoyer is ______, which involves the state’s authority to adjudicate such matters as divorce, adoption, citizenship and mental competence.

status

9

__________________ altered Pennoyer's rule for personal jurisdiction, replacing the concept of ________ with the new standards of _________ and ________ provided by the “minimum contacts test.”

International Shoe Co. v. Washington
state power
reasonableness
fairness

10

The current test for amenability, following International Shoe and other cases, does not require the minimum contacts test if the defendant satisfies any one of the four “traditional” bases for in personam jurisdiction. Those bases are:
______ in the forum state
______ to jurisdiction
______ of objection to jurisdiction
_________ in the forum when served

Residence in the forum state
Consent to jurisdiction
Waiver of objection to jurisdiction
Physical presence in the forum when served

11

Consent to jurisdiction has two forms, _______ and _______. ________ are an example of express consent, and ___________ are an example of implied consent.

express consent and implied consent
Forum selection clauses
non-resident motorists statutes

12

If none of the traditional bases are present, a state may only exercise in personam jurisdiction over defendants who have minimum contacts with the state. The two categories of minimum contacts are ________ and ___________

specific jurisdiction and general jurisdiction.

13

___________ is where the lawsuit arises from or relates to the nonresident defendant’s contacts with the forum state. ___________ is where the lawsuit is unrelated to the nonresident defendant’s contacts with the forum state.

Specific jurisdiction
General jurisdiction

14

Specific jurisdiction has four contacts tests, which are that the defendant
a. _________ itself of the benefits and protections of forum law;
b. should have _______ that its activity would subject it to jurisdiction in the forum state;
c. could __________ being haled into court in the forum state;
d. placed its product in the __________ and could foresee that it would be used in the forum state.

purposefully availed
foreseen
reasonably anticipate
stream of commerce

15

General jurisdiction has one contact test, which is that it has ___________ with the forum state.

continuous and systematic contacts

16

If the defendant has no contacts with the forum (and does not meet one of the four traditional bases of jurisdiction), then there is ___________ over that defendant. If, on the other hand, defendant does have specific or general contacts, then the court must consider the ___________ test. This is a ________ test with five factors, which are:
—______________
—________ interest in convenient and effective relief
—______________
—the _______________ in furthering fundamental social policies
—the _______________ in effective resolution of controversies

no personal jurisdiction
fair play and substantial justice
balancing

burden on the defendant
plaintiff’s
the forum state’s interest
shared interests of several states
judicial system’s interest

17

The due process requirement for notice to defendant is stated in Mullane v. Central Hanover. Notice is constitutionally sufficient if it is “____________, under all circumstances, to apprise ________ parties of the pendency of the action, and afford them an __________ and __________.”

reasonably calculated
interested
opportunity to appear
present objections

18

An abbreviated version of the Mullane notice rule is that _________ requires ______ and an ____________.

due process
notice
opportunity to be heard

19

Which rule of the Federal Rules of Civil Procedure deals with initially notifying the defendant of the lawsuit? _____

Rule 4

20

Under Fed. R. Civ. P. 4, the two primary methods for service of process on a competent adult are:
a. ___________ to defendant;
b. leaving copies at ___________ with a person of ____________

personal delivery
defendant's residence
suitable age and discretion.

21

In most cases, the federal method of service on defendants outside the district is by the ________ statute of the state in which the federal court sits.

long-arm

22

The purposes of venue rules are:
(a) ________ to defendant
(b) __________ of caseload within the forum state

fairness
geographic allocation

23

The federal statute for general venue provisions is __________

28 U.S.C. 1391.

24

The purpose of forum non conveniens is to move _______________________________________

cases from one forum to another based on fairness and convenience.

25

Subject matter jurisdiction refers to the court's authority to adjudicate based on the _____________ and in some cases, ________________________.

type of case
the dollar amount in controversy

26

Federal courts have subject matter jurisdiction over two types of cases: ________;__________

—federal question
—diversity of citizenship

27

The statute dealing with general federal question jurisdiction is _______________. It provides that federal courts have jurisdiction over any _______________________________

28 U.S.C. § 1331
case or controversy arising under the Constitution, laws, or treaties of the United States.

28

In addition to the general federal question provisions in 28 U.S.C. § 1331, there are specific statutes on federal question jurisdiction, including actions against (name three):

foreign states, admiralty, patents, civil rights, consuls, internal revenue, and United States as plaintiff or defendant.

29

Diversity jurisdiction is covered by ______________. That statute provides that federal courts have subject matter jurisdiction over claims between _________________, or between __________ and ___________, where the amount in controversy ______________.

28 U.S.C. § 1332
citizens of different states
state citizens and foreign citizens
exceeds $75000

30

Although the Constitution requires only _____________, 28 U.S.C. § 1332 requires ___________ diversity. This means that all plaintiffs must have different citizenship than all defendants.

partial diversity
complete