CIVIL PROCEDURE BAR EXAM QUESTIONS WITH COMPLETE SOLUTIONS

Personal Jurisdiction correct answer: - court's power over the parties - court always has power over P, must determine if there's power over D PJ Analysis correct answer: 1. Satisfy a state statute AND 2. satisfy the constitution (DP) PJ Statutory Step correct answer: on MBE, just mention that you need a state statute that grants the court PJ and move on to the constitutional analysis PJ Constitutional Step correct answer: - does D have "such minimum contacts with the forum so jx does not offend traditional notions of fair play and substantial justice? - must have: 1. contact (purposeful availment and foreseeability) 2. relatedness (general v. specific) 3. fairness (specific only - burden/convenience, state's interest, P's interest) Contact - PJ correct answer: - must be relevant contact between D and the forum state - requires: 1. purposeful availment: contact must result from D's voluntary act, D must reach out to the forum 2. foreseeability: must be foreseeable that d could get sued in this forum Relatedness - PJ correct answer: - between this contact and P's claim, ask: does P's claim arise from D's contact w/ the forum OR does the contact include the very thing that harmed the plaintiff - if yes, specific PJ - if no, look for general PJ