Study questions on notice & FRCP 4, 5, 6

  1. What is the difference between personal jurisdiction and notice? Consider how the law has evolved since Pennoyer. Also consider FRCP 4(k)(1)(A). Is service of the summons & complaint necessary to establish PJ? Is it by itself sufficient?
  2. What must be served under FRCP 4?
  3. What is served under FRCP 5?
  4. What is the purpose of FRCP 4(d)? Why would a defendant voluntarily waive service of process? Hint: peek at FRCP 12(a)(1)(A).
  5. Consider FRCP 4(e)(1). Why permit state law as an additional basis for service? Is this similar to federal courts using state-court personal jurisdiction pursuant to FRCP 4(k)(1)(A)?
  6. How is service made under FRCP 5? Is electronic service a good idea?
  7. Should the defendant’s answer be filed with the court before or after it is served on the plaintiff?
  8. Why does FRCP 6(d) provide three extra days to act after certain kinds of service made under Rule 5?
  9. Is Mullane construing a state service rule or the Constitution? Is it enough that a federal or state rule for service of process is satisfied, or is it necessary that Due Process is also satisfied?

Moved to new page Jan. 2, 2015