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