Civil Procedure Multistate Bar Practice Exam

What factor is considered under "fairness" for specific personal jurisdiction?

1. The defendant's wealth and resources.

2. The burden on the defendant and witnesses.

3. The forum state's population.

4. The plaintiff's chance of winning.

The correct answer is: The burden on the defendant and witnesses.

The consideration of "fairness" in the context of specific personal jurisdiction primarily revolves around the burden that the litigation may impose on the defendant and witnesses. This factor requires a careful analysis of whether the exercise of jurisdiction in a particular forum is reasonable and does not overly disadvantage the defendant. Evaluating the burden includes looking at both the practical implications for the defendant, such as the distance they might need to travel and the associated costs of defending a lawsuit in that location. The court considers whether the location is so inconvenient that it would unfairly inhibit the defendant’s ability to present a defense. Further, it also takes into account the burden on witnesses who may need to travel to the forum to provide testimony, as their availability and convenience can significantly affect the fairness of the proceedings. Other factors, such as the defendant's wealth and resources or the forum state's population, do not directly relate to the fairness of exercising jurisdiction. The plaintiff's chance of winning also strays into the merits of the case rather than the fairness of the jurisdiction itself. Hence, the focus on the burden on the defendant and witnesses is central to ensuring that the jurisdiction aligns with principles of fairness in legal proceedings.