Bar: Personal Jurisdiction

Question 1

There are 3 types of Personal Jurisdiction:

1. ______________
2. ______________
3. ______________
   A.
   B.

Answer 1

There are 3 types of Personal Jurisdiction:

1. In Personam
2. In Rem
3. Quasi in Rem -
   A: Court adjudicates based on forum; close connection btwn case and property provides minimum contacts
   B. Court attaches property to bring defendant into forum on an unrelated claim; defendant must have minimum contacts with forum

Question 2

Limits on Personal Jurisdiction:

A federal court must analyze personal jurisdiction as if it were ____________.

Answer 2

Statutory Limitations on Personal Jurisdiction

Federal court must analyze personal jurisdiction as if it were a court of the state in which it is located.

Question 3

To determine if there is Personal Jurisdiction is a two-step analysis:

1. ______________
2. ______________

Answer 3

To determine if there is Personal Jurisdiction is a two-step analysis:

1. Satisfy a state statute; AND
2. Satisfy the Constitution

Question 4

To satisfy the Constitutional requirement of Personal Jurisdiction, the Court looks to whether the Defendant has ______________ contacts with the forum so ________________________ of fair play and ________________.

Answer 4

To satisfy the Constitutional requirement of Personal Jurisdiction, the Court looks to whether the Defendant has such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.

Question 5

Three factors to examine for Constitutional requirement of Personal Jurisdiction:

1. ______________ (______ and _______)
2. ______________ (______ v _______)
3. ______________ (______, _____’s and _____’s _______)

Answer 5

Three factors to examine for Constitutional requirement of Personal Jurisdiction:

1. Contact (Purposeful Availment and Foreseeability)
2. Relatedness (General v. Specific)
3. Fairness (Burden, State’s and Plaintiff’s interests)

Question 6

When analyzing the ‘Contact’ factor under the constitutional requirement of Personal Jurisdiction, the Court looks at whether:

1. Contact resulted from _____________ availment
2. _____________

Answer 6

When analyzing the ‘Contact’ factor under the constitutional requirement of Personal Jurisdiction, the Court looks at whether:

1. Contact resulted from purposeful availment
2. Foreseeability

Question 7

A Court will have general Personal Jurisdiction over an individual person if that person is _________ within that that forum.

Answer 7

Domiciled.

A Court will have general Personal Jurisdiction over an individual person if that person is domiciled within that that forum.

Question 8

A corporation’s activity within a forum must be so systematic and continuous that the company is “at home.”

This is where one of two qualifications are met:

1. ______________
2. ______________

Answer 8

A corporation’s activity within a forum must be so systematic and continuous that the company is “at home.”

This is where one of two qualifications are met:

1. Where Incorporated
2. Principal Place of Business

Question 9

Fairness is the third factor analyzed to determine if there is constitutional personal jurisdiction.

However, Fairness is not examined as a factor if there is already __________ Personal Jurisdiction.

Answer 9

Fairness is the third factor analyzed to determine if there is constitutional personal jurisdiction.

However, Fairness is not examined as a factor if there is already General Personal Jurisdiction.