New York Law (NYLE) Practice Exam 2025 - Free NYLE Practice Questions and Study Guide

Question: 1 / 400

How may the court obtain personal jurisdiction over John in Action 2?

A. By serving process on John's New Jersey Attorney.

B. By serving process on John's New York Attorney.

Personal jurisdiction refers to a court's authority to make decisions affecting a particular person or entity. In the context of New York law, a primary method of establishing personal jurisdiction over a nonresident defendant like John is through proper service of process.

When the court serves process on John's New York Attorney, it establishes a legal link sufficient for the court to assert jurisdiction over John. The rationale here is that if someone is in New York and acts on behalf of the defendant (in this case, John's attorney), the defendant can be reasonably expected to respond to legal actions in that jurisdiction. Therefore, serving process through his New York attorney is a valid means of satisfying the requirements for personal jurisdiction.

Other options may not effectively establish jurisdiction. For instance, serving process on John's attorney in New Jersey does not fulfill jurisdictional criteria since it occurs outside New York's authoritative reach. Filing a counterclaim while dismissing Action 2 doesn’t inherently create jurisdiction over John; rather, it addresses procedural aspects of the current cases without directly establishing a basis for jurisdiction. Lastly, stating that the court cannot obtain personal jurisdiction over a nonresident overlooks the potential for jurisdiction based on proper service and applicable laws concerning attorney representation.

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C. By filing a counterclaim in Action 1 and dismissing Action 2.

D. The court cannot obtain personal jurisdiction over a nonresident.

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