Federal Civ Pro

Question 1

A federal court must generally determine personal jurisdiction as if …

In determining whether a federal court has personal jurisdiction over an out-of-state defendant, the court must first ___, and then, if so, …

Answer 1

… it was a court of the state in which it is situated. Thus, a general court will generally look to state jurisdictional statutes to determine if it has personal jurisdiction over the parties before it.

… first, determine whether there is a statute that authorizes the exercise of personal jurisdiction over the defendant … whether the defendant had the type of purposeful contacts with Virginia that satisfy due process (notice to be sued and fairness).

Question 2

For a defendant to have the type of purposeful contacts with Virginia that make it fair to be sued in Virginia, the inquiry focuses on whether those contacts …

For general jurisdiction over a defendant, the proper inquiry is whether …

Specific jurisdiction over a defendant may be warranted when …

Answer 2

… are such that the court would have general jurisdiction over the defendant to hear any matter involving the defendant or specific jurisdiction to hear the matter in question.

… (1) they are domiciled in VA, (2) they consented to jurisdiction, (3) they were present in VA when served with process (Tag Jx), (4) (minimum contacts??), or (5) their affiliations with the forum state are so “continuous and systematic” so as to render them essentially “at home” in the forum state.

… a cause of action arises out of or closely relates to a defendant’s contact with the forum state or when the defendant has purposefully availed itself or the privileges of doing business in the forum state (e.g., when a product is placed in the stream of commerce).