A defendant's first Rule 12 motion raises lack of personal jurisdiction and failure to state a claim but does not raise improper venue. What is the likely effect on the venue defense? The correct answer states the Rule 1...
Citations: Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
A defendant's first Rule 12 motion raises lack of personal jurisdiction and failure to state a claim but does not raise improper venue. What is the likely effect on the venue defense? The correct answer states the Rule 1...
Citations: Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
A state court is deciding whether it has specific personal jurisdiction over an out-of-state defendant. Which statement best describes the constitutional test? The correct answer states the core specific-jurisdiction tes...
Citations: Ford Motor Co. v. Montana Eighth Judicial District Court, Burger King Corp. v. Rudzewicz
A state court is deciding whether it has specific personal jurisdiction over an out-of-state defendant. Which statement best describes the constitutional test? The correct answer states the core specific-jurisdiction tes...
Citations: Ford Motor Co. v. Montana Eighth Judicial District Court, Burger King Corp. v. Rudzewicz
...service. How does the federal court usually determine whether it has personal jurisdiction over the defendant? The correct answer states the usual federal-court personal-jurisdiction rule. Fed. R. Civ. P. 4(k)(1)(A)
Citations: Fed. R. Civ. P. 4(k)(1)(A)
...service. How does the federal court usually determine whether it has personal jurisdiction over the defendant? The correct answer states the usual federal-court personal-jurisdiction rule. Fed. R. Civ. P. 4(k)(1)(A)
Citations: Fed. R. Civ. P. 4(k)(1)(A)
An individual defendant who lives in State A is personally served with process while voluntarily attending a conference in State B. The claim has no other connection to State B. Which statement is most accurate? The corr...
Citations: Burnham v. Superior Court
An individual defendant who lives in State A is personally served with process while voluntarily attending a conference in State B. The claim has no other connection to State B. Which statement is most accurate? The corr...
Citations: Burnham v. Superior Court
...rts. The plaintiff later sues there on the contract. What is the best personal-jurisdiction argument for the plaintiff? The correct answer identifies consent through a forum-selection clause. General personal-jurisdictio...
Citations: General personal-jurisdiction consent principles
...rts. The plaintiff later sues there on the contract. What is the best personal-jurisdiction argument for the plaintiff? The correct answer identifies consent through a forum-selection clause. General personal-jurisdictio...
Citations: General personal-jurisdiction consent principles
...claim arising from events in State D. Which statement best describes personal jurisdiction? The correct answer states the domicile basis for general jurisdiction over individuals. General personal-jurisdiction principle
Citations: General personal-jurisdiction principles
...claim arising from events in State D. Which statement best describes personal jurisdiction? The correct answer states the domicile basis for general jurisdiction over individuals. General personal-jurisdiction principle
Citations: General personal-jurisdiction principles
...n to dismiss for failure to state a claim. The motion did not mention personal jurisdiction, even though the defendant knew it had no contacts with the forum. After the court denied the motion, the defendant answered and...
Citations: Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...n to dismiss for failure to state a claim. The motion did not mention personal jurisdiction, even though the defendant knew it had no contacts with the forum. After the court denied the motion, the defendant answered and...
Citations: Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...s far as due process permits. AlpineGear moves to dismiss for lack of personal jurisdiction. Should State L be able to exercise specific personal jurisdiction over AlpineGear? Discuss. This essay tests stream-of-commerce...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...s far as due process permits. AlpineGear moves to dismiss for lack of personal jurisdiction. Should State L be able to exercise specific personal jurisdiction over AlpineGear? Discuss. This essay tests stream-of-commerce...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...r a contract she signed while physically in State K. A process server personally served Rosa while she was in State J for a weekend family wedding. Rosa removed the case to federal court in State J based on diversity. He...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
...r a contract she signed while physically in State K. A process server personally served Rosa while she was in State J for a weekend family wedding. Rosa removed the case to federal court in State J based on diversity. He...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
...raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of personal jurisdiction. Which statement is most...
Citations: Fed. R. Civ. P. 12(h)
...raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of personal jurisdiction. Which statement is most...
Citations: Fed. R. Civ. P. 12(h)
...ff's claim relates to those contacts. The defendant still argues that jurisdiction would be unreasonable. Which factors should the court consider? The correct answer states the fairness inquiry that follows the contacts...
Citations: International Shoe Co. v. Washington, Burger King Corp. v. Rudzewicz, Asahi Metal Industry Co. v. Superior Court
...ff's claim relates to those contacts. The defendant still argues that jurisdiction would be unreasonable. Which factors should the court consider? The correct answer states the fairness inquiry that follows the contacts...
Citations: International Shoe Co. v. Washington, Burger King Corp. v. Rudzewicz, Asahi Metal Industry Co. v. Superior Court
A foreign component manufacturer sells parts to an independent distributor abroad. The manufacturer knows the distributor resells some finished products in the United States but does not target or serve a particular f...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro
A foreign component manufacturer sells parts to an independent distributor abroad. The manufacturer knows the distributor resells some finished products in the United States but does not target or serve a particular f...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro
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