Absent Defendant Test Applied To Present Defendant
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
18826_daniels_market_fair · CIVIL_PROCEDURE · Choice ANo, because Daniel was in State B only to attend the market fair and to visit his brother.
Why it's attractive
Invokes a true PJ rule (minimum contacts) that governs absent defendants, not one served in-state; right area, wrong basis in play.
Why it's wrong
Invokes a true PJ rule (minimum contacts) that governs absent defendants, not one served in-state; right area, wrong basis in play.
18826_daniels_market_fair · CIVIL_PROCEDURE · Choice BNo, because nothing indicates that Daniel consented to jurisdiction in State B.
Why it's attractive
Treats absence of consent as fatal; consent is one basis among several, so its absence cannot defeat PJ when another basis is met.
Why it's wrong
Treats absence of consent as fatal; consent is one basis among several, so its absence cannot defeat PJ when another basis is met.
18826_daniels_market_fair · CIVIL_PROCEDURE · Choice CYes, because Lydia filed her lawsuit in a State B court.
Why it's attractive
Where the plaintiff files is not power over the defendant — a non-sequitur; if filing conferred PJ, the requirement would be meaningless.
Why it's wrong
Where the plaintiff files is not power over the defendant — a non-sequitur; if filing conferred PJ, the requirement would be meaningless.
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