Jurisdiction over Persons and Property

Question 1

In Personal Jurisdiction “In Personam”

Answer 1

Refers to the ability of the court having SMJ to exercise power over a particular D or item of property

Question 2

Personal Jurisdiction (PJ) is valid if:

Answer 2

(1) Party is personally served in state;
(2) Party is domiciled in the forum state;
(3) Party consents to jurisdiction (expressly or implicitly); or
(4) Party’s act falls w/in state’s long arm statute (LAS)

Question 3

Consent to Jurisdiction

Answer 3

a) Actual - making general appearance as to defend and accept court’s jurisdiction; OR answer [SPECIAL APPEARANCE - challenge juris by a motion to dismiss or motion to quash service for lack of juris];
b) Implied - D owns Prop in the state AND action is directly related to the piece of Prop

Question 4

Long Arm Statute (LAS)

Answer 4

allow a state to exercise jurisdiction over an out-of-state D, provided the prospective D has SUFFICIENT MINIMUM CONTACT with the forum state

Question 5

California LAS

Answer 5

court may exercise jurisdiction on any basis that is not inconsistent with the constitution of CA or the USA

Question 6

LAS “general jurisdiction”

Answer 6

nonresident D
activities within the state are SUBSTANTIAL, CONTINUOUS and SYSTEMATIC
= Jurisdiction is available on any COA

Question 7

LAS “specific jurisdiction”

Answer 7

a) D PURPOSELY AVAILED himself of the benefits and protections of the state;
b) dispute arises out of or has SUBSTANTIAL CONNECTION with the D’s CONTACTS with the state;
c) Juris will be FAIR AND REASONABLE;

Question 8

Minimum Contacts Doctrine

14th Amendment’s DPC

Answer 8

DPC - restricts a state’s authority to bind a nonresident defendant to a judgment of its court and requires the nonresident to have “certain minimum contacts” with the forum state.
a) Contacts - i) purposefully availed himself of the forum state’s laws; and ii) knew, or reasonably should have anticipated, that his activities in the forum state made it foreseeable that he may be “haled into court” there.

Question 9

Exercise of Jurisdiction is Fair and reasonable if…

Answer 9

1) Claim is related to the D’s contact with the forum state (SPJ); or
2) D engages in systematic and continuous activity in the forum state (GPJ)

Question 10

Quasi in Rem and In Rem Jurisdiction

Answer 10

PJ not available or P’s claim is limited to property interests within the jurisdiction

Question 11

In Rem - Location of the Property (i.e., Situs of the Res)

Answer 11

adjudicate the rights of all persons in the world with respect to a particular item over property located within the physical borders of the state

Question 12

Quasi In Rem

Answer 12

Court can attach or garnish property in the state belonging to the D.
Judgment is limited to the property before the court.

Question 13

Shaffer v. Heitner

Answer 13

Must be nexus between the defendant and the state, in addition to the mere presence of the property in order to impose jurisdiction.

Question 14

Rule 12 FRCP

Answer 14

all legal and factual defenses to a claim must be set out in the response to the claim.

Question 15

Time to serve answer (Generally)

Answer 15

within 21 days after being served with summons and complaint

OR IF TIME WAIVED - within 60 days after request for waiver has been sent

Question 16

Time to serve ANSWER to counterclaim or cross claim

Answer 16

within 21 days after being served with a pleading