MBE Practice Questions - Multistate Bar Examination Exam

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A plaintiff sues a defendant in federal court under diversity jurisdiction. The defendant has never been to the forum state, owns no property there, has no contracts there, and has no contacts with the forum. The plaintiff serves the defendant with process while the defendant is briefly changing planes at the forum-state airport. Does the federal court have personal jurisdiction over the defendant?

No, because the defendant lacks minimum contacts with the forum state. No, because transient presence is never a constitutional basis for personal jurisdiction. Yes, because personal service on a defendant physically present in the forum state is a constitutionally sufficient basis for personal jurisdiction. Yes, but only if the underlying claim arose in the forum state.

Correct Answer:

Yes, because personal service on a defendant physically present in the forum state is a constitutionally sufficient basis for personal jurisdiction.

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