CIVIL PROCEDURE FINAL EXAM -SOLVED
100% CORRECT
"Calder effects test" - ANSWER-To satisfy the test the defendant "must have (1)
committed an intentional act, which was (2) expressly aimed at the forum state,
and (3) caused harm, the brunt of which is suffered and which the defendant knows
is likely to be suffered in the forum state."
"Consent" to Personal Jurisdiction - ANSWER-Three types:
1) Implied Consent: Waiver
2) Implied Consent: Sanction
3) Express Consent
"Domicile" - ANSWER-- Fixed and permanent home in which you intend to return.
- How to Change your Domicile:
• Move to a different State, AND
• Intend to remain there.
*When determining where someone lives, several factors are taken into account:
Where do the children go to school? Where are your bills mailed too? Where did you
open your bank account? Where did you register to vote? Etc.
"In Personam" Jurisdiction - ANSWER-1. A person may ALWAYS be sued in the
state in which they reside
2."Tagging" - can be served in another state,
3. person may be subject to suit in state in which he has minimum contacts
"In Rem" Jurisdiction - ANSWER-- Property provides the basis for jurisdiction, and
the underlying dispute is about the property itself
"Quasi in Rem" Jurisdiction - ANSWER-- The dispute is not about the property itself
but the property provides jurisdiction for the case (Pennoyer)
**1) Purposeful Availment - ANSWER-- Ensures Defendant wont be haled into court
based on "random" and "fortuitous" contact or unilateral activity of a third person.
- Person MUST direct their activities "toward the forum state"
*This requirement is an absolute minimum, if there is nothing the defendant has
done to direct their activities toward the state, there can not be personal
, jurisdiction.
*Two-Steps in Establishing Personal Jurisdiction - ANSWER-1) Purposeful Availment
2) Fairness Factors
1. Mandatory Transfer of Venue (1406a) - ANSWER-A) The district court of a district
in which is filed a case laying venue in the wrong division or district shall dismiss, or
if it be in the interest of justice, transfer such case to any district or division in
which it could have been brought.
B) Nothing in this chapter shall impair the jurisdiction of a district court of any
matter involving a party who does not impose timely and sufficient objection to the
venue [Venue can be waived.]
*Usually states MUST transfer
1. Private interests of the Litigants - ANSWER-A. Ease of proof - where is the
evidence?
i. Can witnesses be forced to appear?
ii. Cost of obtaining willing witnesses
iii. View of the premises, if appropriate
B. Burden on D?
C. Enforceability of judgment
D. Any other private considerations, such as a change in the substantive law
governing the dispute
1) Passive Websites - ANSWER-Electronic billboard, does nothing but provide
information to the consumer, it is only an ad, no ability for the consumer to engage
in any activity except for looking. Passive websites are generally not found to create
jurisdiction.
*MIUCH LESS LIKELY TO CONSTITUTE PA
1) Specific Personal Jurisdiction - ANSWER--Defendant must deliberately engage in
activities or create a "SUBSTANTIAL CONNECTION" with the forum state.
-The "SUBSTANTIAL CONNECTION" between the defendant and the forum state
necessary for finding of minimum contacts must come about a Persons contact with
the state and why they are being sued there. HAS TO BE THIS SUBSTANTIAL
CONNECTION
-Ask: Whether the contacts with the forum state is why you are being sued there?
2. Discretionary Transfer of Venue (1404a) - ANSWER--For the convenience of
parties and witnesses, in the interest of justice, a district court may transfer any
civil action to any other district or division where it might have been brought.
100% CORRECT
"Calder effects test" - ANSWER-To satisfy the test the defendant "must have (1)
committed an intentional act, which was (2) expressly aimed at the forum state,
and (3) caused harm, the brunt of which is suffered and which the defendant knows
is likely to be suffered in the forum state."
"Consent" to Personal Jurisdiction - ANSWER-Three types:
1) Implied Consent: Waiver
2) Implied Consent: Sanction
3) Express Consent
"Domicile" - ANSWER-- Fixed and permanent home in which you intend to return.
- How to Change your Domicile:
• Move to a different State, AND
• Intend to remain there.
*When determining where someone lives, several factors are taken into account:
Where do the children go to school? Where are your bills mailed too? Where did you
open your bank account? Where did you register to vote? Etc.
"In Personam" Jurisdiction - ANSWER-1. A person may ALWAYS be sued in the
state in which they reside
2."Tagging" - can be served in another state,
3. person may be subject to suit in state in which he has minimum contacts
"In Rem" Jurisdiction - ANSWER-- Property provides the basis for jurisdiction, and
the underlying dispute is about the property itself
"Quasi in Rem" Jurisdiction - ANSWER-- The dispute is not about the property itself
but the property provides jurisdiction for the case (Pennoyer)
**1) Purposeful Availment - ANSWER-- Ensures Defendant wont be haled into court
based on "random" and "fortuitous" contact or unilateral activity of a third person.
- Person MUST direct their activities "toward the forum state"
*This requirement is an absolute minimum, if there is nothing the defendant has
done to direct their activities toward the state, there can not be personal
, jurisdiction.
*Two-Steps in Establishing Personal Jurisdiction - ANSWER-1) Purposeful Availment
2) Fairness Factors
1. Mandatory Transfer of Venue (1406a) - ANSWER-A) The district court of a district
in which is filed a case laying venue in the wrong division or district shall dismiss, or
if it be in the interest of justice, transfer such case to any district or division in
which it could have been brought.
B) Nothing in this chapter shall impair the jurisdiction of a district court of any
matter involving a party who does not impose timely and sufficient objection to the
venue [Venue can be waived.]
*Usually states MUST transfer
1. Private interests of the Litigants - ANSWER-A. Ease of proof - where is the
evidence?
i. Can witnesses be forced to appear?
ii. Cost of obtaining willing witnesses
iii. View of the premises, if appropriate
B. Burden on D?
C. Enforceability of judgment
D. Any other private considerations, such as a change in the substantive law
governing the dispute
1) Passive Websites - ANSWER-Electronic billboard, does nothing but provide
information to the consumer, it is only an ad, no ability for the consumer to engage
in any activity except for looking. Passive websites are generally not found to create
jurisdiction.
*MIUCH LESS LIKELY TO CONSTITUTE PA
1) Specific Personal Jurisdiction - ANSWER--Defendant must deliberately engage in
activities or create a "SUBSTANTIAL CONNECTION" with the forum state.
-The "SUBSTANTIAL CONNECTION" between the defendant and the forum state
necessary for finding of minimum contacts must come about a Persons contact with
the state and why they are being sued there. HAS TO BE THIS SUBSTANTIAL
CONNECTION
-Ask: Whether the contacts with the forum state is why you are being sued there?
2. Discretionary Transfer of Venue (1404a) - ANSWER--For the convenience of
parties and witnesses, in the interest of justice, a district court may transfer any
civil action to any other district or division where it might have been brought.
