What does service Rule 4(k) have to do with anything

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bartleby

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What does service Rule 4(k) have to do with anything

Postby bartleby » Tue Dec 06, 2011 4:52 am

I'm not even sure where service goes. I think our professor majorly dropped the ball. We went over UMW v. Gibbs - Swift/Erie/York/Byrd/Hanna on the last day of class...

And I was thinking that we wouldn't have an Erie question but apparently the students from last year didn't even get to Erie and had an Erie question.

What does service under Rule 4(k) have to do with anything?

Also, how do you write a civ pro exam

* the good news is that all the previous students said that though it was a 4 hour exam, everyone was done in 3 hours. I will surely be using every minute of the exam.

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jackattack17

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Re: What does service Rule 4(k) have to do with anything

Postby jackattack17 » Tue Dec 06, 2011 8:16 am

4(k) basically says a fed ct can exercise PJ only if the state court in which it sits can. that's one of the first things you want to get out in the open when answering a PJ question.

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pjo

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Re: What does service Rule 4(k) have to do with anything

Postby pjo » Tue Dec 06, 2011 8:36 am

The above is correct. You should analyze every PJ question like this:

1) Rule 12. Was there waiver by not being addressed first?
2) Rule 4K
4k1b) 100 mile bulge rule
4k1c) compliance with a statute
4k2) foreign resident
3) If none of the above, apply 4k1a, and you have to look to the state long arm statute (Rhode Island or Enumerated?)
4) Now you can move onto constitutional analysis



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