Bar Exam (US) Civil Procedure: Question below is based on the following fact situation. Dodo is ...

Question

Question below is based on the following fact situation.

Dodo is a State X partnership composed of Jim Do and Bob Do. They manufacture and lease large ovens which are used in restaurants. Dodo's only plant and business office is in State X. Three months ago, the president of Dominic's (a fashionable eating spot in State Z) made a trip to State X and leased an oven from Dodo. Dominic's is incorporated in State Z, where its restaurant is located. The stock of Dominic's is held by Carl, Fred, and Alice. The Do brothers are domiciled in State X. Two weeks ago, Paul (an employee of Dominic's) was hurt when the "door" of the leased oven suddenly fell open upon him. Paul sued both Dodo and Dominic's in the U.S. District Court in State Z. Jim and Bob Do were personally served in State X. Dominic's was served pursuant to a State Z statute which permits notice of the lawsuit to be (1) left with someone of "suitable discretion" at the defendant's home or main business premises, or (2) if no such person is available, posted on the door which is most often used by the occupants of the defendant's home or main business premises. Paul's process server utilized the latter method. The president of Dominic's saw the notice and delivered the summons and service of process to the corporation's attorneys.

With respect to the notice given to Dominic's, which of the following statements is probably the most accurate?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Under these circumstances, it is constitutionally invalid.
  2. B
    Correct Answer
    It is invalid because it failed to comply with the FRCP.
  3. C
    Correct Answer
    It is valid because the corporation received actual notice of Paul's action.
  4. D
    Correct Answer
    It is valid because the FRCP authorizes service of process in accordance with the law of the state in which it is located.
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