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Personal Jurisdiction: Questions and Answers, Exams of Business Economics

United States International UniversityBusiness Economics

Various scenarios and questions related to personal jurisdiction in the context of civil litigation. It covers topics such as the reasons why litigants care about the location of the lawsuit, the application of different jurisdictional principles (e.g., transient presence, in rem/quasi in rem jurisdiction, minimum contacts), and the evolution of personal jurisdiction jurisprudence from the pennoyer v. Neff formalistic approach to the more flexible international shoe standard. The document delves into nuanced situations involving interstate commerce, product distribution, and attorney-client relationships to analyze the complex factors that courts consider in determining whether personal jurisdiction exists. By studying this document, readers can gain a deeper understanding of the fundamental principles and practical applications of personal jurisdiction, which is a critical aspect of civil procedure and litigation strategy.

Typology: Exams

2023/2024

Available from 10/03/2024

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PERSONAL JURISDICTION QUESTIONS AND
ANSWERS
Why do litigants care where they sue? - Answers-Choice of Lawyer
Location of Witnesses
Location of Documents
Judges/Jury Reported Biases
WHAT LAW APPLIES
The suit is filed in Oregon state court with Neff personally served in California. Is there
jurisdiction? - Answers-No. Because they must be within the border of the state of
Oregon
Mitchel finds out Neff was vacationing in AZ, so he files suit in AZ state court and has
Neff served with process in AZ. Is there jurisdiction? - Answers-Yes. Mitchell just wants
his money. Since Neff was personally served with process in the state in which the suit
is filed, it is OK.
*Transient Presence
Public law principle - the state has jurisdiction over anybody within their boundaries
Oregon sheriff goes to CA and knocks Neff over the head, drags him back to Oregon,
where Neff is served with process. Is there jurisdiction? - Answers-Yes. Neff is a person
within Oregon's boundary. Does not say how the person got there.
Many states would not choose to view this as jurisdiction, but it is technically not a
Constitutional problem.
Mitchell attaches Neff's land in Oregon, judgment against Neff. Seek to have land sold
to satisfy judgment. Neff argues for no jurisdiction because no personal service. Is there
jurisdiction? - Answers-Yes. Mitchell is attaching the land at the beginning of suit.
Do not need to have personal service for in rem or quasi in rem jurisdiction
Mitchell doesn't attach land, serves Neff by publication in CA, gets a default judgment
and then seeks to enforce it in CA. Is there jurisdiction? - Answers-No. Mitchell did not
personally serve Neff.
This is roughly Pennoyer v. Neff
Mrs. Mitchell sues Mr. Mitchell for divorce in Kansas. Serves him in Oregon. Jurisdiction
in Kansas? - Answers-Yes. Weirdly, status exception. Full Faith and Credit Clause.
Pennoyer implies that courts have jurisdiction over the status of their citizens.
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Download Personal Jurisdiction: Questions and Answers and more Exams Business Economics in PDF only on Docsity!

PERSONAL JURISDICTION QUESTIONS AND

ANSWERS

Why do litigants care where they sue? - Answers-Choice of Lawyer Location of Witnesses Location of Documents Judges/Jury Reported Biases WHAT LAW APPLIES The suit is filed in Oregon state court with Neff personally served in California. Is there jurisdiction? - Answers-No. Because they must be within the border of the state of Oregon Mitchel finds out Neff was vacationing in AZ, so he files suit in AZ state court and has Neff served with process in AZ. Is there jurisdiction? - Answers-Yes. Mitchell just wants his money. Since Neff was personally served with process in the state in which the suit is filed, it is OK. *Transient Presence Public law principle - the state has jurisdiction over anybody within their boundaries Oregon sheriff goes to CA and knocks Neff over the head, drags him back to Oregon, where Neff is served with process. Is there jurisdiction? - Answers-Yes. Neff is a person within Oregon's boundary. Does not say how the person got there. Many states would not choose to view this as jurisdiction, but it is technically not a Constitutional problem. Mitchell attaches Neff's land in Oregon, judgment against Neff. Seek to have land sold to satisfy judgment. Neff argues for no jurisdiction because no personal service. Is there jurisdiction? - Answers-Yes. Mitchell is attaching the land at the beginning of suit. Do not need to have personal service for in rem or quasi in rem jurisdiction Mitchell doesn't attach land, serves Neff by publication in CA, gets a default judgment and then seeks to enforce it in CA. Is there jurisdiction? - Answers-No. Mitchell did not personally serve Neff. This is roughly Pennoyer v. Neff Mrs. Mitchell sues Mr. Mitchell for divorce in Kansas. Serves him in Oregon. Jurisdiction in Kansas? - Answers-Yes. Weirdly, status exception. Full Faith and Credit Clause. Pennoyer implies that courts have jurisdiction over the status of their citizens.

Ex. Marriage or Divorce Suppose that before heading into MA, Hess had sent a letter to the DMV that he did not consent to the DMV or anyone else being his agent. Could Hess still be sued in MA without personal service to him in state? - Answers- Is the theory of the MA statute that by driving into the state, a driver consents to the appointment of the DMV as their agent for service of process? - Answers- Although the Privileges and Immunities Clause clearly precludes a state from denying entry to citizens of other states, do Hess and Kane allow a state to deny entry to people who are in cars? - Answers- An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. Can the pedestrian sue International Shoe in Colorado? Would it matter if the truck driver had not planned to go through Colorado but got lost and ended up there? - Answers-Yes, specific jurisdiction. Claim arises out of the contact that occurred within the state. Doesn't matter (Pennoyer) An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. Could P sue International Shoe in Washington? - Answers-No. Could only be general jurisdiction if there is systemic and continuous contacts. An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. Could P sue International Shoe in Missouri, where D's headquarters were located? - Answers-Yes. General Jurisdiction. Even though accident happened in Colorado, there is PJ in MI. International Shoe's HQ were located in St. Louis, very close to Illinois. P had a vacation home in Illinois and hence thinks it would be very convenient to litigate in Illinois. Can P sue International Shoe in Illinois? - Answers-No. Not about proximity or convenience for plaintiff. State lines matter!! Suppose International Shoe operates retail shoe outlets in Washington. A customer buys a pair of shoes there, but the shoes are defective.

When the Robinsons purchased their car, they explicitly and repeatedly told the salesman that they were planning to take the car to Oklahoma? - Answers-No. What would we expect the dealer to do based on this interaction? Is that enough for dealer to expect claim in OK? Consider the following variations in World Wide Volkswagen. Would the seller be subject to suit in Oklahoma? In addition to above, at the Robinsons' request, the seller arranged to have the car titlted and tagged in Oklahoma - Answers-Yes. This is enough for purposeful availment. Consider the following variations in World Wide Volkswagen. Would the seller be subject to suit in Oklahoma? In addition to both above, the seller arranged to ship the car to Oklahoma for the Robinsons - Answers-Yes. This is enough for purposeful availment. It is not unilateral anymore because they are actively shipping. Why would it upset the balance of interstate federalism to allow Oklahoma to hear World Wide Volkswagen? Doesn't Oklahoma have a significant territorial connection to this case? - Answers-????

  • NY citizen v. NY dealer/distributor
  • Balancing Test: Contacts and Other Interests Involved
  • OK's interest is high, even though plaintiffs are non-residents. Do you agree that personal jurisdiction is one of the fundamental liberties protected by the Constitution? - Answers- Should corporations have a constitutionally protected right to liberty? Are corporations persons within the meaning of the 14th Amendment? - Answers- A West Virginia construction company orders an expensive piece of equipment from a manufacturer in Wisconsin. The contract calls for the equipment to be delivered "F.O.B. at the seller's plant in Wisconsin," meaning the buyer takes title to and assumes the risk for the equipment at the seller's plant. When a dispute arises over payment, the Wisconsin seller sues the West Virginia buyer in Wisconsin. Is there jurisdiction? - Answers- A West Virginia construction company orders an expensive piece of equipment from a manufacturer in Wisconsin. The contract calls for the equipment to be delivered "F.O.B. at the seller's plant in Wisconsin," meaning the buyer takes title to and assumes the risk for the equipment at the seller's plant. When a dispute arises over payment, the Wisconsin seller sues the West Virginia buyer in Wisconsin.

Would West Virginia have jurisdiction over the seller if the buyer brought suit there? - Answers- A West Virginia construction company orders an expensive piece of equipment from a manufacturer in Wisconsin. The contract calls for the equipment to be delivered "F.O.B. at the seller's plant in Wisconsin," meaning the buyer takes title to and assumes the risk for the equipment at the seller's plant. When a dispute arises over payment, the Wisconsin seller sues the West Virginia buyer in Wisconsin. Would your answer to either question change if the seller had arranged for the transportation of the equipment to West Virginia? - Answers- A West Virginia construction company orders an expensive piece of equipment from a manufacturer in Wisconsin. The contract calls for the equipment to be delivered "F.O.B. at the seller's plant in Wisconsin," meaning the buyer takes title to and assumes the risk for the equipment at the seller's plant. When a dispute arises over payment, the Wisconsin seller sues the West Virginia buyer in Wisconsin. Would your answer change if the item in question was a $300 tool purchased by a consumer from a catalogue? - Answers- A California citizen contacts an attorney in New York and retains the attorney to provide legal advice on a dispute centered in Oregon. The client frequently contacts the lawyer by phone and e-mail, and sends payment to New York. The lawyer provides advice and when the client is sued in Oregon, the lawyer assists in the Oregon litigation. Later, there is a fee dispute and the lawyer sues the client in New York. Does New York have jurisdiction over the client? - Answers- A California citizen contacts an attorney in New York and retains the attorney to provide legal advice on a dispute centered in Oregon. The client frequently contacts the lawyer by phone and e-mail, and sends payment to New York. The lawyer provides advice and when the client is sued in Oregon, the lawyer assists in the Oregon litigation. If the client had been unhappy with the services, could she have sued the lawyer in California? - Answers- Stream of Commerce - Answers-Merely placing products into the "stream of commerce" will not alone generate sufficient minimum contacts with each of the states the products may reach, unless a defendant has made efforts to market in the forum state or otherwise purposefully availed himself of the state's resources.