Civil Procedure Multistate Bar Practice Exam

What must a defendant demonstrate to challenge personal jurisdiction?

1. That they are not a resident of the state.

2. That they lack sufficient contacts with the state.

3. That the plaintiff is a resident of the state.

4. That they have not been served properly.

The correct answer is: That they lack sufficient contacts with the state.

To successfully challenge personal jurisdiction, a defendant must demonstrate that they lack sufficient contacts with the state in which the lawsuit is brought. Personal jurisdiction requires that a defendant has established certain minimum contacts with the forum state such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice. This means that if a defendant can show that their connections to the state where the lawsuit is filed are too minimal or completely absent, the court may not have the authority to adjudicate the case against them. While residency may play a role in establishing jurisdiction, it is not the sole criterion for personal jurisdiction. Therefore, simply proving that one is not a resident does not necessarily invalidate the court's jurisdiction. Similarly, the plaintiff's residency is irrelevant to the defendant's ability to challenge personal jurisdiction. Furthermore, improper service of process relates more to the procedural correctness of how legal action is initiated and can affect jurisdiction but does not focus directly on the constitutional aspect of contacts. Thus, the core of a challenge lies in the demonstration of insufficient contacts with the state.