I. Personal Jurisdiction Flashcards
Generally idea of Personal Jurisdiction
what state can P sue defendant. What courts may order the defendant to appear? what courts have power over defendant?
Three types of personal jurisdcition
- In personam
- In Rem
- Quasi in Rem
In personam
power over the defendant herself because she lives in or is present in the forum or has done something in the forum
In rem
jursidiction over the defendant’s property
quasi in rem
jurisdiction over defendant’s property
Jurisdiction is a two-step process
- Does it satisfy the statute?
- Does it satisfy the due process clause?
General Jurisdiction
Statutory basis in Georgia need not relate to events giving rise to the claim
Specific Jurisdiction
statutory basis in GA must relate to the events giving rise to the claim.
Statutory bases for in personam
- Presence in GA when served
- Domicile in GA
- Incrporation in GA
- Authorized to transact business in GA
- Consent
- Long Arm Statute
- Non-resident motor vehicle act
Presence in GA when served with process
- Presence in the state when served creates PJ
- Presence gives PJ: Uncessary for the events of the suti to relate to the presence in GA
- Cannot trick or lure someone into the state through fraud
- Cannot serve someone who is being called to the gtate to attend court, be a party or witness in an unrelated case
Domicile in GA when served with process
- Being domiciled in state gives its courts general jurisdiction even for events unrelated to activites occuring in the state
Incorporation in GA or Authorized to Transact Business in GA
- A company incorporated here is subject to getneal jurisdiction–like domicile status
- Foreign corp authorized to transact business in georgia considered resident so long as busienss activity is sufficiently continueous and systematic such that it owuld fairly be regard as at home
Consent
- D may consent to personal jurisdiction by contract or by failing to make timely objection
- P who files suit in state submits to PJ
- Foreign corp who appoints agent for service
Long Arm Satute: who can you sue with it?
- may only sue non-residents of GA with it.
- this includes those who were non-residents at the time the claim arose and those who were residents at the time the claim arose but not when it was filed
*
- this includes those who were non-residents at the time the claim arose and those who were residents at the time the claim arose but not when it was filed
Long Arm: What is a non-resident
Non-resident is a person who
1) was not a resident when cause of action arose OR
2) if a resident at that time, was not a resident when served with process
Long Arm: what type of jurisdiction is given
Specific jurisdiction. Meaning that the contacts must relate or give rise to the lcaim
Long Arm: what contacts trigger jurisdiction
- Transacts any businessi n GA
- Commits a tortious act or omission in GA (Except defamation)
- Commits a tortious act or omission out of state that injures plaintiff in GA
- Owns, uses or possesses real property in GA
- domestic relations
Long Arm: Transact any business
- Not necessary for the business transaction to be physicall prsent in GA . All that is requires is a stustained pruposeful connection
- Can apply to torts as well ascontracts cases
- Includes:
- haveing an office in GA
- negotiating signing or undertaking to perform a K in GA
- Placing goodes in the the stream of commerce for resale in GA
- Not Incldue:
- ads in national magazing in GA
Long Arm: tortious act or omission in GA
- Both the tortious act and the main injury occur in GA
- Does not include defamation
- cannot be tortious act outside the state causing an injury under this rule
Long Arm: Commits a tortious act or omission out of state that injures GA plaintiff
Only applies if defendant engages in some persistent course of conduct in GA or dervies substantial evenues from goods consumed here
Long ARm: owns, uses or possesses real prop in GA
LA: Domestic Relations
matrimonial domicile here when case is field or resided here before commencement of the case, can be sued in GA for alimony, child support, or division of property
Nonresident Motorist Act
suit aginast non-resident motorist wwith accident in GA
- only available for non-residents
- does not include those who were residents but became non-residents at the time the case was filed–different from long arm
- gives only specific jurisdiction for claims arising from any accident or collision involving the non-residents use or ownership of a motor vehicle in GA
Constitutional Standard for Minimum Contacts
Does defendant have such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice?
prsence, comicile and coent are easy. Not easy on everything
Minimum Contacts Analysis
- Contact/Minimum Contact
- purposeful availment
- Foreseeability
- Fairness and Reasonableness
- Relatedness of claim
- convenience
- state’s interest
Contact
- Some tie between the defendant and the forum state–what type of contact
- purposeful availment–Must result from purposeful, voluntary act toward the forum
- Foreseeability–making it foreseeable that defendant could get sued in this forum
Fairness and Reasonableness
- Relatedness–> between this contact and the claim. Does claim arise from the defendant’s contact. Particularly important where there is small amount of contact
- less important if defendant has continuous and systematic ties
- Convenience–Forum ok unless so severe that defendant is at a severe litigation disadvantage–must be extreme
- States interest–provide forum for citizens (e.g. highway issues)
In Rem and Quasi in rem
