Most Tested MBE Civil Procedure Topics | BarPrepPlay
Civil Procedure punishes rushed ordering. Personal jurisdiction, subject matter jurisdiction, Erie, removal, and preclusion stay near the top because they control entire answers.
Civil Procedure punishes rushed ordering. Personal jurisdiction, subject matter jurisdiction, Erie, removal, and preclusion stay near the top because they control entire answers.
Civil Procedure punishes rushed ordering. Personal jurisdiction, subject matter jurisdiction, Erie, removal, and preclusion stay near the top because they control entire answers.
Very High frequency
GENERAL JURISDICTION: D "at home" in forum (domicile for individuals; state of incorporation or principal place of business for corporations). Can sue for ANY claim. SPECIFIC JURISDICTION: Claim arises from D's contacts with forum. Requirements: (1) Purposeful availment of forum's benefits; (2) Claim arises from or relates to contacts; (3) Reasonableness. MINIMUM CONTACTS: Must be intentional, not random/fortuitous. Stream of commerce: Split authority. CONSENT (forum selection clause, appearance without objection), WAIVER, and IN-STATE SERVICE also confer PJ. LONG-ARM STATUTES: Must authorize + satisfy due process.
HYPO: P (FL) sues D Corp (incorporated in DE, HQ in NY) in FL federal court. D Corp sold one product to P through D's website. Product malfunctioned and injured P. Does FL have personal jurisdiction? ANALYSIS: GENERAL JURISDICTION? D must be "at home" - only in DE (incorporation) or NY (principal place of business). Not FL. SPECIFIC JURISDICTION? (1) Purposeful availment - Did D purposefully direct activities at FL? One sale via website = close question. Did D target FL specifically or just have national website? (2) Claim arises from FL contact - Yes, injury from FL sale. (3) Reasonableness - Burden on D vs. P's interest. RESULT: Likely NO general jurisdiction. Specific jurisdiction depends on whether D specifically targeted FL market or just had passive website - courts split on internet jurisdiction.
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