Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What are the differences between jurisdiction in international civil litigation and that in domestic civil jurisdiction?
(2) What is “actor forum rei sequitur”?
(3) What are actions in rem and actions in personam under common law?
(4) In order to alleviate conflict of jurisdictions,what can be done at national level?
2.Multiple Choice
(1) In the context of private international law,jurisdiction ( ).
A.refers to of which country the courts are competent
B.refers to of which of a country’s courts is competent
C.is usually determined by international law
D.refers to the power of an international tribunal to decide legal issues
(2) A New York company sued a Frenchman in English court out of a contract dispute.Process was served on him at a hotel in London where he was staying for one night.Among the following statement,which is not correct? ( )
A.The English court then had jurisdiction over him.
B.It mattered not that the defendant was only there as a casual traveler or for a few hours or minutes,provided that he had not been tricked or kidnapped into coming there.
C.The English court did not have jurisdiction over him.(https://www.daowen.com)
D.Under the English law,if the defendant is in England when he is served with a claim form or equivalent document,the courts would have jurisdiction.
(3) Which of the following statements is correct? ( )
A.“Compétence général directe” is usually more limited than “compétence général indirecte.”
B.The personal jurisdiction under civil law doctrine is the same as the in personam jurisdiction under common law doctrine.
C.The independent legislative jurisdiction enjoyed by every country is the underlying reason for conflict of jurisdictions.
D.Conflict of jurisdictions is expected to be solved in near future.
(4) Exclusive jurisdiction in the context of private international law ( )
A.refers to the jurisdiction of one particular court of a state which excludes not only the courts of all other countries but also all other courts of this state.
B.usually exists in the fields where the fundamental interests of the forum are involved.
C.has the effect of alleviating conflict of jurisdictions.
D.has the same meaning as that in a domestic civil litigation.
3.Case Analysis
Mary Smith who was an English lived in London.Mr.Yu was a Chinese who had residence in Paris.They were both members of the “international set” and shared interests in fine act and racehorses.Ms.Smith had bought from Mr.Yu at Sotheby’s a painting described in the sale catalogue as “La Poésie” by Boucher,“a girl in pale blue and white drapery reclining,holding a book and a lyre.” She learnt that it was probably a copy and worth much less than she had paid for it.She took out a writ in England,claiming compensation of the contract on the defendant when he had come over from China on a short visit.
Did the English court have jurisdiction over Mr.Yu? Why?