Civil Procedure Cases Study Questions And Correct Detailed Answers 100% Verified.
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Course
CIVIL SUIT
Institution
CIVIL SUIT
Sniadach v. Family Finance Corp. - correct answer Absent notice and prior hearing, prejudgment garnishment procedure in which summons is issued at request of creditor's lawyer and lawyer by serving garnishee sets in motion machinery whereby wages are frozen in interim before trial of main suit...
Sniadach v. Family Finance Corp. - correct answer Absent notice and prior hearing, prejudgment
garnishment procedure in which summons is issued at request of creditor's lawyer and lawyer by serving
garnishee sets in motion machinery whereby wages are frozen in interim before trial of main suit
without any opportunity on part of wage earner to be heard or to tender any defense he might have,
whether fraud or otherwise, violated fundamental principles of due process.
Fuentes v. Shevin - correct answer Procedural due process requires that parties whose rights are to
be affected are entitled to be heard at a meaningful time; and in order that they may enjoy that right
they must be notified.
Mitchell v. W.T. Grant Co. - correct answer It comports with due process to permit sequestration of
property on which seller has vendor's lien on sworn ex parte documents establishing the debt, the lien,
and the delinquency, followed by the early opportunity to put buyer to his proof.
North Georgia Finishing, Inc. v. Di-Chem, Inc. - correct answer Georgia garnishment statute which
permitted writ of garnishment to be issued in pending suits by court clerk without participation by judge
on affidavit of plaintiff or his attorney containing only conclusory allegations, which prescribed filing of
bond as only method of dissolving garnishment, which deprived defendant of use of property in
garnishee's hands pending litigation and which made no provision for early hearing denied due process,
even though statute required that plaintiff garnishor give bond in amount equal to double the amount
sworn to be due.
Connecticut v. Doehr - correct answer Prejudgment attachment of real estate, without affording prior
notice or the opportunity for a prior hearing to the individual whose property is subject to attachment,
does not satisfy due process requirements.
Mullane v. Central Hanover Bank & Trust - correct answer In order to satisfy due process challenges,
notice must be by means calculated to inform the desired parties and, if they reside outside of the state
and their names and addresses are available, notice by publication is insufficient.
Dusenbery v. U.S. - correct answer Due process clause does not require that government perform
heroic efforts to provide notice of a forfeiture proceeding; rather, it requires only that the Government's
, effort be reasonably calculated to apprise a party of the pendency of the action, and the criterion is not
the possibility of conceivable injury, but the just and reasonable characer of the requirement.
Jones v. Flowers - correct answer When a government has learned that its attempt at notice has
failed, due process requires the government to do something more before the property may be sold at a
tax sale.
Pennoyer v. Neff - correct answer Where the object of an action is to determine the personal rights
rights and obligations of the parties, service by publication against a nonresident is ineffective to confer
jurisdiction upon the court.
International Shoe Co. v. Washington - correct answer For a state to subject a nonresident defendant
to in personam jurisdiction, due process requires that the defendant have certain minimum contacts
with the state such that the maintenance of the suit does not offend traditional notions of fair play and
substantial justice.
Shaffer v. Heitner - correct answer Jurisdiction cannot be founded on property within a state unless
there are sufficient contacts within the meaning of the test developed in International Shoe.
Goodyear Dunlop Tires Operations v. Brown - correct answer Ties with the forum state serving to
bolster the exercise of specific jurisdiction do not warrant a determination that, based on those ties, the
forum has general jurisdiction over a defendant.
World-Wide Volkswagen Corp. v. Woodson - correct answer An out-of-state defendant is amenable
to in personam jurisdiction if his conduct and connection with the forum state are such that he should
reasonably anticipate being brought into court there.
Burger King Corp. v. Rudzewicz - correct answer Where the circumstances establish a substantial and
continuing relationship with a forum state and indicate that there was a fair notice that a non-resident
might be subject to suit in the forum state, the assertion of personal jurisdiction over the nonresident by
the forum state, if otherwise fair, does not offend due process.
Asahi Metal Industry Co. v. Superior Court - correct answer Minimum contacts sufficient to sustain
jurisdiction are not satisfied simply by the placement of a product into the stream of commerce, coupled
with awareness that the product would reach the forum state.
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