A photographer sues a foreign publisher for copyright infringement in federal court. What legal aspect allows the publisher to avoid the suit?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

The correct choice highlights an important aspect of personal jurisdiction in civil procedure, particularly in cases involving foreign defendants. Personal jurisdiction refers to the court's authority to make decisions affecting a party based on the party's connections to the forum state.

When a foreign publisher is sued in federal court, the question of whether the publisher has sufficient contacts with the state where the court is located comes into play. If the publisher has not engaged in any conduct that would establish appropriate jurisdiction in that state, they can raise an objection to the court's jurisdiction over them.

However, if the publisher has “waived” any objection to personal jurisdiction, that indicates they have acknowledged the court's authority to hear the case despite potentially insufficient contacts. Waiving an objection can occur in a number of ways, such as by not properly challenging jurisdiction in a timely manner or by participating in court proceedings without objecting to jurisdiction.

In this scenario, the option indicating that the publisher waived any objection to personal jurisdiction is correct because it suggests that despite being a foreign entity, they have indicated their acceptance of the court's jurisdiction. This would effectively allow them to avoid the suit in that particular jurisdiction if they have not taken steps to contest the basis for the court's authority over them.

Thus,

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