| Statutes of limitations are always procedural and local | 5 points _______ |
| Unless New Hampshire has a "borrowing statute" | 5 points _______ |
| Will New Hampshire on choice of law apply Louisiana law | 5 points _______ |
| Is tort prescribed under Louisiana substantive law? | 5 points _______ |
| But a tort has been committed in New Hampshire | 5 points _______ |
| New Hampshire has right to protect its citizens from falsehood | 5 points _______ |
| New Hampshire will apply New Hampshire law | 5 points _______ |
| But will award damages nationwide | 5 points _______ |
| Under so-called "single publication rule" | 5 points _______ |
| Longarm jurisdiction as to Morning Advocette proper | 5 points _______ |
| Single publication sent into New Hampshire suffices | 5 points _______ |
| Cause of action arises out of forum activity | 5 points _______ |
| Broadmouth has not availed himself of the jurisdiction | 5 points _______ |
| Foreseeability is questionable under facts of this case | 5 points _______ |
| Can Broadmouth be served in New Hampshire? | 5 points _______ |
| Does Broadmouth own property in New Hampshire? | 5 points _______ |
| Even so, Shaffer v. Heitner requires minimum contacts | 5 points _______ |
A. List each of the various ways in which a state may obtain in personam jurisdiction over a person.
| Personal service of process within the jurisdiction | 3 points _______ |
| Domicile, residence or nationality | 3 points _______ |
| Waiver, consent and acceptance of service | 3 points _______ |
| Choice of forum in advance as by contract | 3 points _______ |
| Continuing jurisdiction of earlier case | 3 points _______ |
| Entry of appearance by filing suit or answer | 3 points _______ |
| Minimum contact | 3 points _______ |
Specific jurisdiction arising out of forum contact |
3 points _______ |
General jurisdiction from ongoing contact |
3 points _______ |
| There must be "availing" of the forum | 3 points _______ |
| Which may be by stream of commerce | 3 points _______ |
B. Explain the doctrine of mutuality of estoppel. State the Louisiana position on mutuality of estoppel, i.e., whether Louisiana requires mutuality of estoppel for issue preclusion.
| Offensive use of judgment by non-party to action | 3 points _______ |
| One party is not collaterally estopped by foreign judgment | 3 points _______ |
| If other party would not have been estopped by contrary outcome | 3 points _______ |
| Louisiana does not require mutuality as a condition to offensive use | 3 points _______ |
C. Define "home state of the child" and list the various tests for determining child ccustody jurisdiction between two competing states, indicating the order in which those tests will be applied.
| Home state is state in which child lived with parent | 3 points _______ |
| For six months immediately preceding filing of action | 3 points _______ |
| Or from birth | 3 points _______ |
| Periods of temporary absence are counted | 3 points _______ |
| First tier, home state | 3 points _______ |
| Second tier, has been home state of child within six months before filing | 3 points _______ |
| And child was removed by a person claiming custody | 3 points _______ |
| And a parent continues to reside in such state | 3 points _______ |
| Third tier, best interests, substantial connection, evidence available within jurisdiction | 3 points _______ |
| Fourth tier, child physically present and either abandoned or an emergency exists | 3 points _______ |
| Fifth tier, no other state has jurisdiction and best interests require jurisdiction | 3 points _______ |
D. Define "renvoi."
| "Renvoi" means a reference back | 3 points _______ |
| When application of another state's law sends the issue back to F-1 | 3 points _______ |
| The question is whether the reference is to "whole law" or "municipal law" | 3 points _______ |
"Whole law" includes a jurisdiction's conflict-of-laws rules |
3 points _______ |
"Municipal law" includes everything but a jurisdiction's conflicts rules |
3 points _______ |
E. Define "dépeçage."
| Application of laws of different states to govern different issues | 3 points _______ |
| Of course, forum law always governs procedure | 3 points _______ |
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