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Civil Practice and Procedure (NYLE) Test questions and answers 2025 latest update.
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Civil Practice and Procedure (NYLE) Test questions and answers 2025 latest update.
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Civil Practice and Procedure(NYLE) Test questions and
answers 2025 latest update.
What are the five potential bases of in personal jurisdiction? -
answer Presence, consent, domicile, doing business, and "long-arm
jurisdiction"
What is a consequence when a nondomiciliary commences action in
New York? - answer Even if he or she is not otherwise subject to
personal jurisdiction in NY, they submit themselves to personal
jurisdiction in any separate action brought against them by any
party to the pending action and is deemed to have designated their
NY attorney as an agent upon whom process must be served in such
separate action.
What is the difference between general jurisdiction and specific
jurisdiction? - answer General jurisdiction permits a court to hear
all claims against an entity, whereas specific jurisdiction permits a
court to hear only those claims that arise out of the entity's
contacts within the state.
Under CLPR 301, what subjects a foreign corporation to general
personal jurisdiction in NY? - answer Historically, if the corporation
was present and doing business in the state (engaged in
"continuous, permanent, and substantial activity in NY"). However,
due to Daimler v. Bauman, personal jurisdiction cannot be based off
of this alone. Due process limits the exercise of general jurisdiction
to a state in which the corporation is "at home." This means it must
either be incorporated or maintaining its principle place of business
in NY. Otherwise, the operations must be "so substantial to render it
at home."
, What enumerated acts permit the assertion of in personam
jurisdiction over a non-resident (long-arm) according to CPLR 302? -
answer (1) transact any business within NY (2) commit tortious act
within NY (3) commit tortious act outside NY that causes injury
within NY (4) owns, uses, or possesses real property within NY.
Further, Ny can confer PJ over a non-resident defendant in a
matrimonial action.
What federal constitutional due process requirements must be
satisfied to assert long-arm jurisdiction over a non-resident? -
answer (1) defendant must have minimum contacts with NY such
that they should reasonably anticipate being sued in NY (2)
maintenance of suit must comport with notions of fair play and
substantial justice.
How are actions commenced? - answer Except in town and village
courts, by the paper filing or electronic filing of a summons and
complaint with the clerk of the court in the county where the action
is brought.
What is a summons? - answer An initiatory paper that gives a
defendant notice of the proceeding and gives the timeframe within
which the defendant must appear in order to avoid default. Must
specify the basis of the venue designated by the plaintiff and
contain the index number and date of filing with the clerk of the
court.
How is a special proceeding commenced? - answer By the paper
filing or electronic filing of a petition and notice of petition with the
clerk of the court in the county where the special proceeding is
brought.
Who may provide service of process? (Qualifications according to
CLPR 2103) - answer Personal service in an action upon a natural
person must be made by any non-party at least 18 years of age
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