Question

However, neither (outside New York/leaves New York) of these tolling provisions are operative if a basis of personal jurisdiction exists such that ________.

1) the defendant has minimum contacts with the forum state
2) the defendant is a resident of the forum state
3) the defendant has no connection with the forum state
4) the defendant is not subject to personal jurisdiction

Answer 1

The question addresses the cessation of tolling provisions under personal jurisdiction when the defendant has minimum contacts with the forum state or is a resident of the forum state, in relation to legal proceedings.

Step-by-step explanation:

The question refers to concepts in personal jurisdiction, which is a key component of civil procedure in the legal system. Personal jurisdiction refers to the court's power to bring a person into its adjudicative process; a court with personal jurisdiction has the authority to make decisions regarding the party involved in the proceedings. Under the current U.S. legal framework, tolling provisions cease to be operative if a basis of personal jurisdiction exists, such as when:

1. The defendant has minimum contacts with the forum state making it reasonable for the court to exercise jurisdiction over them.
2. The defendant is a resident of the forum state which naturally subjects them to the jurisdiction of its courts.

Additionally, the question is embedded with concepts related to the diversity jurisdiction of federal courts and the privileges or immunities clause which ensures that citizens of each state are entitled to the same treatment.