BARBRI - CIVIL PROCEDURE EXAM
QUESTION AND ANSWERS
What is personal jurisdiction? - ANSWER-Personal jursdiction is the power of the court
over the defendants person or property.
What are the limitations on personal jurisdiction? - ANSWER-The exercise of personal
jurisdiction generally must:
(1) be authorized by statute
and
(2) constitutional
What is the two-step analysis for determining whether there is personal jurisdiction over
defendant or property? - ANSWER-(1) Does a state statute grant the court the power
over the parties before the court?
(if not then the court lacks personal jurisdiction)
(2) Is the personal jurisdiction constitutional? (Due Process)
What is the three-step test to determine the constitutionality of personal jurisdiction over
a party? - ANSWER-1. Contact: Purposeful Availment and Foreseeability
2. Relatedness: General v. Specific
3. Fairness (Specific Only): Burden/Convenience,
State's Interest, and Plaintiff's Interest
How is the "contact" requirement for personal jurisdiction satisfied? - ANSWER-There
must be a relevant contact between D and the forum state.
There are two factors to be addressed here:
(1) Purposeful Availment: The contact must result from purposeful availment (D's
voluntary act). This means: D must reach out to the forum.
(2) Foreseeability: It must be foreseeable that D could get sued in this forum.
,How is the "relatedness" requirement for personal jurisdiction satisfied? - ANSWER-
Once the sufficient contact requirement of PJ is satisfied, it must be shown that there is
relatedness between:
(1) the defendant
and
(2) the forum
** In order to show this ask:
"Does the pltff. claim arise from D's contact with forum?"
If the answer is yes, the court might uphold PJ even if D does not have much contact
with the forum (depending on whether PJ would be fair)
What is specific personal jurisdiction? - ANSWER-When the claim arises from the
defendants contact with the forum.
Will a court have jurisdiction if the claim does not arise from defendant's contact with
forum? - ANSWER-The court MAY still have jurisdiction if the claim does not arise from
D's contact with the forum
BUT ONLY IF:
the court has general personal jurisdiction
To have general personal jurisdiction, what must be true? - ANSWER-Defendant must
be "at home" in the forum/state
Where is a human always "at home" for purposes of general personal jurisdiction? -
ANSWER-A human is always "at home" in the forum/state where he is domiciled.
EXAMPLE
D is domiciled in VA. Can D be sued in VA on a claim that arose in Antarctica? Yes. D is
"at home" in VA and can be sued there for a claim that arose anywhere in the world.
What is tag jurisdiction? - ANSWER-When the defendant is served process while in the
forum/state.
Where is a corporation subject to general personal jurisdiction? - ANSWER-(1) Where
incorporated
OR
,(2) Where it has it's principal place of business
What is the analysis for determining whether a corporation is "at home" in the
forum/state? - ANSWER-The company's activity must be so systematic and continuous
that the company is "at home" in the forum
How is the "fairness" requirement for personal jurisdiction satisfied? - ANSWER-**
Fairness factor only analyzed if there is specific personal jurisdiction**
(if there is general PJ then no need for this analysis because the D is "at home" in the
forum)
---------------------------------
We determine if PJ is fair by looking at:
(1) BURDEN ON D AND WITNESSES
(even if it's hard for D to travel to the forum and to get her witnesses to the forum, the
forum is constitutionally OK UNLESS D can show that it puts her at a severe
disadvantage in the litigation.
(2) STATES INTEREST
(the forum state may want to provide a courtroom for its citizens, who are allegedly
being harmed by out-of-staters)
(3) PLAINTIFF'S INTEREST
(Maybe injured and wants to sue at home)
What is a "stream of commerce" case? - ANSWER-Stream of commerce cases typically
arise when Defendant manufactures its product in State A (or even Country A) and sells
them to a second party in State B, thereby placing the product in the stream of
commerce.
What are the important points to remember for the bar exam regarding "stream of
commerce" cases? - ANSWER-(i) Merely placing an item in the stream of commerce, by
itself, is NOT a sufficient basis for personal jurisdiction.
---------------------------------
(ii) It is unresolved whether placing an item in the stream of commerce with the
knowledge or hope that it will wind up in a particular state would be a sufficient basis for
personal jurisdiction (but probably unlikely).
If you encounter such a question on the exam, you should scour the question for facts
showing an intentional targeting (purposeful availment) of the forum.
---------------------------------
, iii) Placing an item in the stream of commerce;
with the knowledge or hope that it will end up in the forum state,
and coupled with some other act that shows the intent to serve a particular state
(for example, modifying its product to comply with state law, maintaining a sales office
within the state, etc.),
= is a sufficient basis for personal jurisdiction.
What is the "notice" requirements under due process? - ANSWER-Due process
requires that notice be:
(1) "reasonably calculated,
(2) under all the circumstances,
(3) to apprise interested parties of the pendency of the action
and
(4) afford them an opportunity to present their objections."
In a regular lawsuit, what documents are required for valid notice? - ANSWER-1) a
summons (formal court notice of suit and time for response);
and
(2) a copy of the complaint
Together, these two documents are called PROCESS
How do you get the summons for service of process? - ANSWER-Present it to the clerk
of court for signature and seal of the court
Who is allowed to serve process? - ANSWER-Any NON-PARTY who is at least 18
years old.
Must the process server be appointed by the court? - ANSWER-NO!
EX: Orange Legal Co. serves process in Florida
If D is to be served in the U.S., service is to take place within how long? - ANSWER-No
more than 90 DAYS from the date the complaint was filed
QUESTION AND ANSWERS
What is personal jurisdiction? - ANSWER-Personal jursdiction is the power of the court
over the defendants person or property.
What are the limitations on personal jurisdiction? - ANSWER-The exercise of personal
jurisdiction generally must:
(1) be authorized by statute
and
(2) constitutional
What is the two-step analysis for determining whether there is personal jurisdiction over
defendant or property? - ANSWER-(1) Does a state statute grant the court the power
over the parties before the court?
(if not then the court lacks personal jurisdiction)
(2) Is the personal jurisdiction constitutional? (Due Process)
What is the three-step test to determine the constitutionality of personal jurisdiction over
a party? - ANSWER-1. Contact: Purposeful Availment and Foreseeability
2. Relatedness: General v. Specific
3. Fairness (Specific Only): Burden/Convenience,
State's Interest, and Plaintiff's Interest
How is the "contact" requirement for personal jurisdiction satisfied? - ANSWER-There
must be a relevant contact between D and the forum state.
There are two factors to be addressed here:
(1) Purposeful Availment: The contact must result from purposeful availment (D's
voluntary act). This means: D must reach out to the forum.
(2) Foreseeability: It must be foreseeable that D could get sued in this forum.
,How is the "relatedness" requirement for personal jurisdiction satisfied? - ANSWER-
Once the sufficient contact requirement of PJ is satisfied, it must be shown that there is
relatedness between:
(1) the defendant
and
(2) the forum
** In order to show this ask:
"Does the pltff. claim arise from D's contact with forum?"
If the answer is yes, the court might uphold PJ even if D does not have much contact
with the forum (depending on whether PJ would be fair)
What is specific personal jurisdiction? - ANSWER-When the claim arises from the
defendants contact with the forum.
Will a court have jurisdiction if the claim does not arise from defendant's contact with
forum? - ANSWER-The court MAY still have jurisdiction if the claim does not arise from
D's contact with the forum
BUT ONLY IF:
the court has general personal jurisdiction
To have general personal jurisdiction, what must be true? - ANSWER-Defendant must
be "at home" in the forum/state
Where is a human always "at home" for purposes of general personal jurisdiction? -
ANSWER-A human is always "at home" in the forum/state where he is domiciled.
EXAMPLE
D is domiciled in VA. Can D be sued in VA on a claim that arose in Antarctica? Yes. D is
"at home" in VA and can be sued there for a claim that arose anywhere in the world.
What is tag jurisdiction? - ANSWER-When the defendant is served process while in the
forum/state.
Where is a corporation subject to general personal jurisdiction? - ANSWER-(1) Where
incorporated
OR
,(2) Where it has it's principal place of business
What is the analysis for determining whether a corporation is "at home" in the
forum/state? - ANSWER-The company's activity must be so systematic and continuous
that the company is "at home" in the forum
How is the "fairness" requirement for personal jurisdiction satisfied? - ANSWER-**
Fairness factor only analyzed if there is specific personal jurisdiction**
(if there is general PJ then no need for this analysis because the D is "at home" in the
forum)
---------------------------------
We determine if PJ is fair by looking at:
(1) BURDEN ON D AND WITNESSES
(even if it's hard for D to travel to the forum and to get her witnesses to the forum, the
forum is constitutionally OK UNLESS D can show that it puts her at a severe
disadvantage in the litigation.
(2) STATES INTEREST
(the forum state may want to provide a courtroom for its citizens, who are allegedly
being harmed by out-of-staters)
(3) PLAINTIFF'S INTEREST
(Maybe injured and wants to sue at home)
What is a "stream of commerce" case? - ANSWER-Stream of commerce cases typically
arise when Defendant manufactures its product in State A (or even Country A) and sells
them to a second party in State B, thereby placing the product in the stream of
commerce.
What are the important points to remember for the bar exam regarding "stream of
commerce" cases? - ANSWER-(i) Merely placing an item in the stream of commerce, by
itself, is NOT a sufficient basis for personal jurisdiction.
---------------------------------
(ii) It is unresolved whether placing an item in the stream of commerce with the
knowledge or hope that it will wind up in a particular state would be a sufficient basis for
personal jurisdiction (but probably unlikely).
If you encounter such a question on the exam, you should scour the question for facts
showing an intentional targeting (purposeful availment) of the forum.
---------------------------------
, iii) Placing an item in the stream of commerce;
with the knowledge or hope that it will end up in the forum state,
and coupled with some other act that shows the intent to serve a particular state
(for example, modifying its product to comply with state law, maintaining a sales office
within the state, etc.),
= is a sufficient basis for personal jurisdiction.
What is the "notice" requirements under due process? - ANSWER-Due process
requires that notice be:
(1) "reasonably calculated,
(2) under all the circumstances,
(3) to apprise interested parties of the pendency of the action
and
(4) afford them an opportunity to present their objections."
In a regular lawsuit, what documents are required for valid notice? - ANSWER-1) a
summons (formal court notice of suit and time for response);
and
(2) a copy of the complaint
Together, these two documents are called PROCESS
How do you get the summons for service of process? - ANSWER-Present it to the clerk
of court for signature and seal of the court
Who is allowed to serve process? - ANSWER-Any NON-PARTY who is at least 18
years old.
Must the process server be appointed by the court? - ANSWER-NO!
EX: Orange Legal Co. serves process in Florida
If D is to be served in the U.S., service is to take place within how long? - ANSWER-No
more than 90 DAYS from the date the complaint was filed
