ND Bar Practice Questions - North Dakota Bar Examination Exam

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A plaintiff sues a defendant in North Dakota state district court. The defendant, an Oregon resident, was served while temporarily attending a business conference in Fargo. The defendant moves to dismiss for lack of personal jurisdiction. Under the rule recognized in Burnham v. Superior Court and applied in North Dakota, how should the court rule?

Dismiss, because transient presence is insufficient under International Shoe's minimum-contacts test Dismiss, because the defendant did not purposefully avail himself of North Dakota Deny the motion, because in-state personal service on an individual establishes general jurisdiction (tag jurisdiction) Deny the motion only if the lawsuit arises out of the business conference

Correct Answer:

Deny the motion, because in-state personal service on an individual establishes general jurisdiction (tag jurisdiction)

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