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A lawsuit is filed in Oregon state court, and Neff is served personally in California with process for the Oregon suit. Under Pennoyer, is there jurisdiction? - ANSWER: No Mitchell learns that Neff is vacationing in Arizona. Mitchell files suit in Arizona state court, and Neff is served personally with process in Arizona. Under Pennoyer, is there jurisdiction? - ANSWER: Yes An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) Can Pedestrian sue International Shoe in Colorado? - ANSWER: Yes An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) Could Pedestrian sue International Shoe in Washington? - ANSWER: No An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) Could Pedestrian sue International Shoe in Missouri, where the defendant's headquarters were located? - ANSWER: Yes
An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) International Shoe's headquarters were located in St. Louis, Missouri, very close to Illinois. Suppose Pedestrian has a vacation home in Illinois and hence thinks it would be very convenient to litigate in Illinois. Can Pedestrian sue International Shoe in Illinois? - ANSWER: No The Supreme Court majority in WWVW ultimately held that it was unconstitutional for Oklahoma to assert personal jurisdiction over Seaway and Worldwide Volkswagon. Which of the following best represents the court's ultimate reason for so deciding? A. Defendants Seaway and Worldwide Volkswagon were not served with process in the state of Oklahoma. B. Although defendants Seaway and Worldwide Volkswagon had contacts with Oklahoma, but they were insufficiently related to the underlying lawsuit. C. Defendants Seaway and Worldwide Volkswagon had no contacts with Oklahoma because the car accident occurring in Oklahoma was actually the contact of the Robinsons, rather than the defendants. D. There were insufficient contacts among the parties, the contested transaction, and the forum State. - ANSWER: C Justice Brennan, in dissent argued that in analyzing minimum contacts, the court should consider which of the following? A. Only the contacts of the plaintiff. B. The contacts among the parties, the transaction at issue, and the forum state. C. Contacts that the parties should have foreseen, even if they did not. D. Only the contacts of the defendant. - ANSWER: C
D. The Court viewed a choice of law clause selecting the forum's law as a consent to personal jurisdiction in the forum. - ANSWER: C If you a drafting a contract and want to ensure that any litigation arising from the contract is held in a particular forum, what kind of contract clause should you include? A. Choice of Forum Clause B. Choice of Law Clause - ANSWER: A Under the Court's two-prong constitutional test set out in Burger King, if a forum is extremely reasonable under prong two, then a forum can assert jurisdiction even if the defendant has no contacts with the forum under the first prong. True or False? - ANSWER: False An individual's contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party's home forum. True or False? - ANSWER: False If a defendant (who has contacts with the forum under the first prong) is able to make a truly compelling case of unreasonableness, then the unreasonableness prong could defeat personal jurisdiction in the forum. True or False? - ANSWER: True Personal jurisdiction in a forum is always improper if the defendant has never even been to that forum. True or False? - ANSWER: False
In the United States, the substantive law applicable to a controversy may not be the law of the forum--thus a state court in Michigan could apply the law of Florida when adjudicating a case. True or False? - ANSWER: True There will be general personal jurisdiction in which of the following situations (select all that apply): A. In a state where a corporate defendant maintains its principal place of business. B. In a state where a corporate defendant is incorporated. C. In a state where a defendant employs a substantial number of people. D. In the state that is the domicile of an individual defendant. E. In a state where a defendant corporation maintains a store or other physical location. F. In a state where an individual defendant is employed, even if the individual does not reside in that state. - ANSWER: A, B, and D For specific personal jurisdiction, you consider which of the following: A. The defendant's contacts with the forum that are unrelated to the lawsuit. B. Both the plaintiff's and the defendant's contacts with the forum. C. All contacts of the defendant with the forum--both related and unrelated to the underlying lawsuit. D. The defendant's contacts with the forum that are related to the underlying lawsuit. - ANSWER: D On the whole, specific personal jurisdiction is more common than general personal jurisdiction. True or False? - ANSWER: True
Fred, a California citizen, owns real property in Delaware. Penelope trips and falls on his property. Penelope sues Fred in Delaware for her injuries from her fall on his property. Will there be personal jurisdiction? A. Yes because Fred's ownership of real property in Delaware (and his duties as a property owner) give rise to the lawsuit and thus establish specific personal jurisdiction in Delaware. B. Yes because by owning real property in Delaware, Fred is subject to general personal jurisdiction there. C. No unless Penelope attaches the property at the outset of the case. C. No because owning property can never be a contact to establish specific personal jurisdiction over a defendant. - ANSWER: A Fred, a California citizen, owns real property in Delaware. Penelope trips and falls on his property. Penelope sues Fred in Delaware for her injuries from her fall on his property. Will Penelope be required to attach Fred's property to the lawsuit in order to assert personal jurisdiction over him? A. Yes because the only way Penelope can assert jurisdiction over Fred is by invoking in rem jurisdiction. B. No because owning property can never be a contact to establish specific personal jurisdiction over a defendant. C. Yes because in order to establish jurisdiction the property must be attached at the outset of a case. D. No because Fred's ownership of the property will be a sufficient minimum contact to establish specific personal jurisdiction over him. - ANSWER: D Courts must analyze the two-prong Constitutional test in order to determine whether or not to assert personal jurisdiction over a defendant who has been personally served with process in the forum. True or False? - ANSWER: False
According to the Court in Shaffer, traditional notions of fair play and substantial justice can be offended by the perpetuation of ancient processes that no long have a modern justification. True or False? - ANSWER: True When a plaintiff files a lawsuit in a forum, the plaintiff has consented to the jurisdiction of that forum for the lawsuit, including as to counterclaims from defendants. True or False? - ANSWER: True A defendant who does not raise a timely object to personal jurisdiction has waived any such objection and thus consented to suit in the forum. True or False? - ANSWER: True Choice of forum clauses (also called forum selection clauses) are generally unenforceable unless fairly negotiated by both sides. True or False? - ANSWER: False If a person consents to personal jurisdiction, a court must still examine whether the forum is fair under the two-prong constitutional test. True or False? - ANSWER: False The Mullane Court found that service by publication comported with the constitutional requirements of Due Process for parties who could not (with reasonable diligence) be found or identified. True or False? - ANSWER: True
The constitutional requirement for notice is satisfied when service of process is performed by certified or registered mail, even if the mail is returned as undelivered or unclaimed. True or False? - ANSWER: False If a party receives actual notice of a lawsuit, that will be constitutionally sufficient. True or False? - ANSWER: True FRCP 4 expressly allows service on individuals by certified mail. True or False? - ANSWER: True Jane files suit against Steven in the United States District Court for the Southern District of Indiana. She serves process by mailing him a copy of the summons and complaint via registered mail to his sole residence in Greensburg, Indiana. A. The service of process was sufficient because the Constitution allows for service of process by means as reliable as the mails. B. The service of process was defective unless it was given to a person of suitable age and discretion. C. The service of process was defective because it fails to comport with the constitutional requirement of providing the best notice practicable. D. The service of process was sufficient if service by registered mail is allowed by Indiana law governing service of process on individuals in Indiana state courts. - ANSWER: D Jeanie is suing Pebbles, Inc., a corporation, in the United States District Court for the District of Utah. Assume that Utah's rules on serving a corporation are identical to those found in FRCP 4. Jeanie hires a process server who goes to Pebbles, Inc.'s corporate headquarters and serves process on the CEO's secretary. Is service proper?
A. Yes as long as the process server informs the secretary of the nature of the papers and that they must be given directly to the CEO. B. Yes because service is being made at the corporation's headquarters. C. Yes, service is proper only if the CEO's secretary is also the agent for service of process for Pebbles, Inc. D. Yes because the secretary of the CEO will be considered a managing or general agent of Pebbles, Inc. - ANSWER: C It is possible to correctly serve the United States entirely by registered or certified mail. True or False? - ANSWER: True If I have a summer cabin in the mountains where I stay 2 months a year and a permanent home where I stay the rest of the year, both will be considered my "dwelling or usual place of abode" for purposes of service under Rule 4(e) as long as each of them has sufficient indicia of permanence. True or False? - ANSWER: False If the plaintiff chooses to request that the defendant waive service under Rule 4(d), service is deemed to have been made when? A. At the time of the filing of the waiver form signed by the defendant. B. On the date the complaint was filed with the court. C. On the date that the plaintiff mailed the waiver request and form. D. On the date that the defendant received plaintiff's request to waive service. - ANSWER: A If a federal district court lacks subject matter jurisdiction, a defendant can consent to being subject to the court and thereby cure the deficiency so that the case can still be heard in federal district court.
True or False? - ANSWER: True Federal question jurisdiction can be based on a federal law counterclaim asserted by the defendant against the plaintiff. True or False? - ANSWER: False The primary purposes underlying the congressional grant of federal question jurisdiction include obtaining (select all that apply): A. Expert interpretations of federal law. B. Adjudications free of local bias against out-of-state litigants. C. Sympathetic interpretations of federal law. D. A limitation of cases in federal court to those with significant value. E. Greater uniformity in the interpretation of federal law. - ANSWER: A, C, and E The well-pleaded complaint rule refers to: A. The requirement that complaints must be written in a professional tone. B. A limit on federal question jurisdiction to those who fully justify their need to appear before a federal rather than a state court. C. The requirement in federal question jurisdiction that complaints will be dismissed unless they specify each and every fact forming a basis for the complaint. D. The requirement that a federal question must be contained within the plaintiff's statement of her own claims in the complaint in order to invoke federal question jurisdiction. - ANSWER: D In Mottley, the only questions raised on the appeal to the Supreme Court were federal law issues regarding the meaning of a federal statute and whether that federal statute was constitutional--yet the Supreme Court held there was not federal question jurisdiction.
True or False? - ANSWER: True Federal question jurisdiction can be based on a federal law defense to a claim or on the plaintiff's federal reply to that defense, as long as such are stated within the confines of the plaintiff's complaint. True or False? - ANSWER: False The defendant OR the plaintiff can remove a case once it becomes clear that the case is removable. True or False? - ANSWER: False The ability of the defendant to remove is directly tied to whether the case as filed by the plaintiff could have been filed in federal district court as it would have had subject matter jurisdiction to adjudicate the case. True or False? - ANSWER: True Pauline, a citizen of New Hampshire, files a lawsuit against Doran, a citizen of Vermont, in Vermont state court under state tort law for personal injuries from a car wreck, seeking $100,000 in damages. Which of the following is true? A. Doran cannot remove the case because he is a citizen of the state from which removal is sought.Correct. This is called the in-state defendant rule, and is the one way in which removal is more narrow than original federal subject matter jurisdiction. B. Doran cannot remove the case because there is no federal question jurisdiction. C. Doran can remove the case because there is complete diversity of citizenship. D. Doran can remove the case because Pauline could have filed it in federal court. - ANSWER: A
After the notice of removal is filed in the federal district court and a copy is served upon the state court clerk, the state court can rule on any pending motions prior to the case being sent to federal court. True or False? - ANSWER: False Which of the following (moving a lawsuit from where to where) can be done by transferring venue? (select all that apply) A. State A to Foreign Country B B. County A to County B (both within the same state) C. State A to State B D. Federal District Court A to Federal District Court B E. Federal District Court A to Foreign Country B F. Federal District Court A to State B G. State A to Federal District Court B - ANSWER: B and D Which of the following (moving a lawsuit from where to where) is done by Forum non Conveniens? (select all that apply) A. Federal District Court A to Federal District Court B B. State A to Federal District Court B C. County A to County B (both within the same state) D. Federal District Court A to State B E. State A to State B F. Federal District Court A to Foreign Country B G. State A to Foreign Country B - ANSWER: E, F, and G You file a lawsuit in the Southern District of Indiana, which has both personal jurisdiction over the defendants and has proper venue. The case is transferred
under 28 U.S.C 1404 to the District of Massachusetts. There is not a choice of forum clause applicable to this case. What choice of law rules will the District of Massachusetts use to determine what law should apply to the case? A. The federal choice of law rules B. Indiana's choice of law rules C. Massachusett's choice of law rules - ANSWER: B Federal district courts apply federal choice of law rules to determine which state's law should apply to a given case. True or False? - ANSWER: False A 28 U.S.C. 1404 transfer is from a proper venue to a proper venue, while a 28 U.S.C. 1406 transfer is from an improper venue to a proper venue. True or False? - ANSWER: True If a federal district court lacks personal jurisdiction over a defendant, the court cannot transfer the case to another federal district court that would have personal jurisdiction, but instead must dismiss the case for lack of personal jurisdiction. True or False? - ANSWER: False When moving to transfer based on Forum non Conveniens, the defendant can agree to waive any impediments to proceeding in the proposed alternative forum (including lack of personal jurisdiction or amenability to process in the foreign jurisdiction, venue, or statute of limitations). True or False? - ANSWER: True When deciding whether or not to grant a motion to dismiss on the basis of forum non conveniens, which of the following is correct? (select all that apply)
A. Juanita could do nothing, allow a default judgment to be entered against her in Oklahoma, and then collaterally attack that judgment as void when the plaintiff seeks to enforce it against her. B. If Juanita brings a direct attack, but the district court denies her motion to dismiss for lack of personal jurisdiction, Juanita will have to adjudicate in Oklahoma and is left with the option of appealing the district court's ruling on personal jurisdiction at the end of the case. C. Juanita can bring a direct attack by filing a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction. D. If Juanita chooses to use a collateral attack, - ANSWER: A, B, C, and E A defendant is sued and responds by filing a Rule 12(b)(2) pre-answer motion to dismiss the case for lack of personal jurisdiction. The district court denies that motion, finding that it has personal jurisdiction. True or false: the defendant can proceed in the case by refusing to answer the complaint, allowing a default judgment to be entered against her, and then collaterally attacking that judgment in any enforcement proceeding on the basis that the court that entered the default judgment lacked personal jurisdiction. True or False? - ANSWER: False A 12(b)(1) motion to dismiss for lack of subject matter jurisdiction can be raised initially at any time during the pendency of a case, including on appeal. True or False? - ANSWER: True If you raise any other defenses along with a 12(b)(2) motion to dismiss for lack of personal jurisdiction, you have entered a general appearance and have consented to the personal jurisdiction of the court. True or False? - ANSWER: False
A defendant can choose not to file any pre-answer motion under Rule 12(b) and then raise lack of personal jurisdiction for the first time in her Answer. True or False? - ANSWER: True Which of the following defenses are waived if not raised by either pre-answer motion (if one is filed) or in the Answer (if no pre-answer motion)? (select all that apply) A. Failure to state a claim upon which relief can be granted B. Lack of subject matter jurisdiction C. Insufficient process D. Improper venue E. Lack of personal jurisdiction F. Failure to join a party under Rule 19 G. Insufficient service of process - ANSWER: C, D, E, and G A motion under Rule 12 may be joined with any other motion allowed by Rule 12. True or False? - ANSWER: True A collateral attack can be used to contest lack of personal jurisdiction, lack of subject matter jurisdiction, improper venue, or insufficient process or service thereof. True or False? - ANSWER: False In drafting an Answer, if the defendant fails to respond to an allegation in the Complaint, that allegation is deemed to be denied. True or False? - ANSWER: False
