Civil Procedure Multistate Bar Practice Exam

For general personal jurisdiction, where must a defendant be in order to be subject to jurisdiction?

1. Any state where they have business dealings.

2. At home in the forum state or registered to do business there.

3. Only in the state where the injury occurred.

4. In any state where they have an attorney.

The correct answer is: At home in the forum state or registered to do business there.

For general personal jurisdiction, a defendant must be "at home" in the forum state or must be registered to do business there. This standard typically means that the defendant has established substantial connections to the state that would justify subjecting them to the jurisdiction of that state’s courts for any claims, regardless of where the claims arose. The concept of being "at home" generally encompasses the defendant's place of residence if an individual, or the primary place of business if a corporation. Additionally, if a business is registered to do business in a state, it is often considered to have consented to personal jurisdiction in that jurisdiction. This principle helps ensure that defendants can reasonably foresee being haled into court in states where they have sufficient ties. Other options, such as being in any state where they have business dealings, are too broad and do not meet the legal standard for general jurisdiction, which requires a higher degree of connection. Similarly, asserting jurisdiction only in the state where the injury occurred mistakenly implies that personal jurisdiction is limited to specific incidents, which aligns more with specific jurisdiction rather than general jurisdiction. Lastly, being in any state where they have an attorney does not establish a significant enough connection to constitute personal jurisdiction. Thus, for general personal jurisdiction, the correct answer