Civ Pro

Term Definition

100

In rem

• Power over property
• Legal action directed toward property dealing with the ownership of property itself
• Any judgment must be enforced upon the property and is binding on all persons who claim title to the property

200

Specific Jurisdiction

• What the defendant did in the context of this claim makes it fair that they have to respond to a lawsuit in that state
• The issue has to take place in that state and the only claim they have is for that issue

300

General Jurisdiction 

• Defendant is “at home” and can be sued for claims otherwise in that forum state
• Claim is/ is not related to or arise out of the forum state contacts

400

Fair play and substantial justice

Purposeful availment of privilege if conducting business in forum state or benefits if that states law

500

In personam

• Not about the ownership of property but about damages or breach of contracts
• Power over the person

General or Specific?

100

A California based company sells a product online that is shipped to a customer in Texas. The product ended up being defective and causing harm. The customer decided to sue the California Company in a Texas Court

Specific 

200

a large company headquartered in Montana conducts significant business and has offices in multiple states, including Delaware. A Delaware company decides to sue the Montana company for an unrelated dispute. 

General

300

A New York based advertising agency runs a targeted online marketing campaign aimed at residents of Florida. A Florida business claims that the agency's campaign infringed on its trademark rights. The Florida buisness sues the New York business in a Florida court.

Specific 

400

a prominent software company that is incorporated in Virginia and has its principal place of business there, while having a significant workforce from West Virginia. An employee files a lawsuit for wrongful termination against the company in West Virginia.

General 

500

an international automotive manufacterer incorporated in Germany with its headquarters there, has a subsidiary based in Michigan that manages extensive manufacturing operations and has multiple plants throughout the state. The Michigan subsidiary employs thousands of workers and generates a lot of money.

A group of workers from the Michigan branch file a lawsuit in michigan against the parent company, claiming violations of laber laws related to working conditions.

General

Is there PJ?

100

A small retailer based in Florida sells products exclusively through its website and only ships to customers in Florida. A customer from New York orders a product and has a negative experience, leading to a dispute. the customer then decides to file a lawsuit against a retailer in a New York court. 

No

200

A French artist sells paintings exclusively through a gallery located in France. A collector from Texas discovers this artists work while backpacking through Europe. He buys a painting, but later claims the painting was misrepresented in its quality. The collector decides to sure the artist in Texas. 

No

300

A Tech Company based in California develops a software and actively markets its products nationwide, including New York. The company frequently attends trade shows in New York. A New York based company, who visited one of the trade shows, purchases the software and encounters significant issues, leading them to file a lawsuit against the Cali Company in the state of New York.

Yes

400

A pharmaceutical company, headquartered in Massachusetts, develops a new medication. This company conducts extensive clinical trial across various states, including New Jersey, where its partnered with a few hospitals. A patient in New Jersey participates in a trial but has very severe side effects from the medication. The patient decides to sue the company in the state of New Jersey. 

yes

500

A Canadian software company primarily sells its products through partners in Canada and New England and does not engage in direct sales to consumers. The company has no offices in the United States. A business in South Carolina purchases the software through one of the companies partners in New England. After using the software, the South Carolina Company experiences technical difficulties. They decided to sure the Canadian company in a South Carolina court for breach of contract. 

No!

Rule

100

Rule 4d

Contemplates personal delivery unless defendant agrees to waive such formal service

200

1931 

• A natural person is domiciled
• An entity any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question
• A defendant not resided in the US can be sued in any judicial district

300

Due Process Clause

• 14th amendment
• procedural safeguard that ensures a person’s life, liberty, and property is not taken away without fair process
• requires “minimum contacts” with forum “such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice”

400

Rule 4e, 4h

• How can they serve it?

500

1931: Venue

• A judicial district in which any defendant resides
• Substantial part of the events or omissions where the claim occurred, or property that is subject to the claim
• If there is no district in which an action may otherwise be brough as provided in this section, any defendant is subject to the court’s personal jurisdiction

Cali Questions

100

Which of these best expresses the test for personal jurisdiction that existed under Pennoyer v. Neff?

A.The defendant must be physically present in his home state when served with process, or his property must be attached.

B.The defendant must be physically present in the state where jurisdiction is sought when served with process, or his property in that state must be attached.

C.The defendant must have sufficient contacts with the forum state that is trying to assert jurisdiction such that asserting personal jurisdiction would not offend "traditional notions of fair play and substantial justice."

D.The defendant must be properly served in order for personal jurisdiction to be proper.

B. The defendant must be physically present in the state where jurisdiction is sought when served with process, or his property in that state must be attached. 

200

Can a defendant be subject to general jurisdiction in more than one place?

A. Yes. As long as the defendant is "at home" in a state, it is constitutional to assert jurisdiction over the defendant through general jurisdiction.

B. No. A defendant is only subject to general jurisdiction in one, and only one, state.

A. Yes. As long as the defendant is "at home" in a state, it is constitutional to assert jurisdiction over the defendant through general jurisdiction.

300

Paul was injured on a ski trip to Colorado when David deliberately collided with him on a ski slope. Paul, a citizen of Massachusetts, sues David, a citizen of Maine, in Massachusetts. David, an attorney, is admitted to practice law in Massachusetts, and, in fact, has represented a number a clients in litigation in Boston. He also spends every summer on vacation in Cape Cod. When David moves to dismiss for lack of personal jurisdiction, the court will:

A. Grant the motion because David's contacts with Massachusetts are not related to Paul's claim against him.

B.Deny the motion because David engaged in an intentional tort.

C.Deny the motion because Paul has purposefully availed himself of doing business in Massachusetts.

D.Grant the motion because Colorado has a stronger interest in regulating the conduct of defendant in Colorado.

A. Grant the motion because David's contacts with Massachusetts are not related to Paul's claim against him. 

400

Penelope was injured in Pennsylvania when the steering on her Hugo automobile malfunctioned. The Hugo was manufactured by the Hugo Car Co. of Delaware. Hugo does not have any offices in Pennsylvania. It sells its cars through a number of independent dealerships in Pennsylvania, and it has shipped 5000 cars to Pennsylvania, including the car driven by Penelope. The Pennsylvania Long-Arm statute authorizes service of process on out-of-state defendants who have "committed a tortious act within Pennsylvania." Hugo best argument in support of its motion to dismiss for lack of personal jurisdiction is:

A.Penelope's injury was not sufficiently related to Hugo's contacts with Pennsylvania to be considered a matter of specific jurisdiction.

B.Hugo did not purposefully avail itself of doing business in Pennsylvania.

C.It would be unreasonably inconvenient for Hugo to defend the lawsuit in Pennsylvania.

D.Hugo's conduct did not constitute the commission of a tortious act within Pennsylvania.

D. Hugo's conduct did not constitute the commission of a tortious act within Pennsylvania.

500

Padma, a citizen of California, sues Diego, a citizen of Utah, in federal court in the Northern District of California for a tort committed by Diego in Utah. Diego's only contacts with California are unrelated to Padma's claim. When Diego moves to dismiss for lack of personal jurisdiction, the court will:

A.Deny the motion because Diego has minimum contacts with the United States as a whole.

B.Grant the motion because it would be unconstitutional for a California state court to assert jurisdiction over Diego.

C.Grant the motion because it would be unconstitutional for the federal court to assert personal jurisdiction over Diego.

D.Deny the motion if Diego was served within 100 miles of the Northern District of California courthouse.

B. Grant the motion because it would be unconstitutional for a California state court to assert jurisdiction over Diego.