CT Bar Civil Procedure: Jurisdiction 2

Question 1

Under the 'stream of commerce' theory of specific personal jurisdiction, what additional factor did Justice O'Connor's plurality in Asahi Metal require beyond mere placement of a product into commerce?

Accepted Answer

Evidence that the defendant directed its product toward the forum state

Answer

Justice O'Connor's Asahi plurality held that placing a product into the stream of commerce is insufficient alone; the defendant must also have engaged in additional conduct purposefully directing the product toward the forum.

Question 2

A Connecticut court has in rem jurisdiction over a dispute concerning a piece of real property located in Connecticut even if neither party is a Connecticut resident. What is the constitutional basis for this jurisdiction?

Accepted Answer

The situs of the property provides a sufficient connection to the forum

Answer

In rem jurisdiction is constitutionally grounded in the state's power over property situated within its borders, regardless of the parties' domicile.

Question 3

When a federal court in Connecticut sits in diversity and must apply Connecticut's long-arm statute, what is the court required to do under Erie R.R. Co. v. Tompkins?

Accepted Answer

Apply Connecticut's long-arm statute as a state court would interpret it

Answer

Under Erie, federal courts sitting in diversity apply state substantive law, and Connecticut's long-arm statute governs the reach of personal jurisdiction as a matter of state law.

Question 4

A defendant is served with process while passing through Connecticut airport solely to change planes. Under Burnham v. Superior Court, is this sufficient for Connecticut courts to exercise personal jurisdiction?

Accepted Answer

Yes, because tag jurisdiction based on physical presence in the state is constitutionally valid

Answer

Burnham confirmed that transient or 'tag' jurisdiction—serving a defendant physically present in the state—remains constitutionally valid regardless of the minimum contacts analysis.

Question 5

Connecticut's long-arm statute, C.G.S. § 52-59b, authorizes personal jurisdiction over a non-resident who 'transacts any business' in Connecticut. Which of the following best satisfies this standard?

Accepted Answer

Negotiating and signing a contract in Connecticut for services to be performed in Connecticut

Answer

Transacting business under § 52-59b requires purposeful conduct in Connecticut directed toward the formation or performance of contractual obligations, which negotiating and signing an in-state contract satisfies.

(CT Bar) Connecticut Bar Exam Practice Test

(CT Bar) Connecticut Bar Exam Practice Test

CT Bar Civil Procedure: Jurisdiction 2