Jurisdiction Over Parties

Question 1

What are the requirements for federal court personal jurisdiction?

Answer 1

A federal court does not have jurisdiction over a party if there are not minimum contacts between the party and the state where the court sits. (This is substantive due process)

Question 2

What are the state court requirmenets for for personal jurisdiction?

Answer 2

Defendant must have been present in the state when served or have minimum contacts (one of the 9 traditional bases) that subject him to the state’s long arm statute?

Question 3

What are the 9 traditional bases for personal jurisdiction over individuals?

Answer 3

Consent, in-state service, domicile, minimum contacts, non-resident motorists statute, in-state conduct, in-state property, agency, and indispensable party

Question 4

What is domicile?

Answer 4

A party’s dwelling place where he intends to remain indefinitely.

Question 5

What are minimum contacts?

Answer 5

A person has a requisite amount of continuous and systematic contacts with the state that he should foresee the possibility of being sued there.

Question 6

What are the bases personal jurisdiction over corporation?

Answer 6

State of incorporation, minimum contacts, in-state tortious acts, systematic and continuous in-state conduct, sales in state, contractual choice of law provision.

Question 7

What role does service play?

Answer 7

In addition to substative due process, procedural due process requires proper service upon defendant in order for court to exercise jurisdiction.

Question 8

What is the federal rule on proper service?

Answer 8

1) It must take place in the proper territory and 2) it must be carried out in the proper manner.