Personal JD Flashcards
When assessing a Personal JD question, what two questions should ask?
- Has the basis for exercising pesonal JD over an OOS D been authorized by statute or rule of court?
- Is the particular basis for exercising PJ permitted by the DPC?
How can you obtain VoluntaryIn Personam JD?
Personal service of process on an individual who is voluntarily in the state is sufficient to give the courts in that state (including federal courts) jurisdiction over that individual. They will exercise “transient JD.”
How can you obtain domiciliary in Personam JD?
If authorized by statute, the state has personal JD over a defendant who is domiciled within the state.
How can you obtain consential in Personam JD?
A D can expressly consent to JD by contract (in a forum selection clause). They may als consent impliedly by appearing in that court once an action is brought without objecting to personal jurisdiction in either a pre-answer motion to dismiss or by objecting to PJ in the D’s intial answer.
How do you obtain PJ over a D using a state’s
long arm statute?
A federal district court will look to the jurisdictional statutes of the state where it is located to determine whether it can exercise personal jurisdiction over the parties. State long-arm statutes provide a means of exercising jurisdiction over nonresident defendants, provided it complies with due process.
For In Personam JD to satisfy the DPC, what is required?
In general, due process requirements are satisfied if the nonresident defendant has sufficient minimum contacts with the forum state such that the maintenance of the action does not offend traditional notions of fair play and substantial justice. For in personam jurisdiction, a defendant’s contacts with a forum state must be purposeful and substantial, such that the defendant should reasonably anticipate being taken to court there.
For PJ under DPC, what constitutes “fair play and substantial justice”?
Once minimum contacts are established, the court must determine if maintanence of the COA would offend traditional notions of fair play and substantial justice. In doing so, they can consider factors such as:
1. The interest of the forum state in adjudicating the matter
2. Burden on D to appear in court in forum state
3. Interest of the judicial system in efficient resolution of the matter
What is the test for minimum contacts for determining PJ under DPC?
The D’s contacts with the forum state must be purposeful and substantial, such that a D should reasonably anticipate being taken to court there.
A court will have specific JD over a D when the COA arises out of or closely relates to D’s contacts with the forum state, even it was the ONLY contact.
A court will have general JD over a D if he is domiciled in the state or has continous and systematic contacts with the forum state.
What is In Rem JD and how is DPC satisfied for it?
In Rem JD is the authority of the court to determine issues concerning rights to real or personal property. Any judgment by the court will be effective against all potential claimants
DPC will be satisfied if property is located in the state and notice was reasonably calculated to apprise all interested parties of the pending COA.
What is Quasi-In Rem JD and how is DPC satisfied for it?
Quasi-In Rem JD determines only the interests of the parties regarding property in the forum state. A judgment will not subject a D to personal liability.
DPC is satisfied if the property is located in the state and the dispute is related to the OWNERSHIP of the property. If the dispute is unrelated to the ownership, then you must also show minimum contacts between the D and the state.
What is the test for In Personam JD over corporations?
To determine whether a forum state has personal JD over a corporation you must look at whether the corp’s affiliation with the forum state are so “continuous and systematic” as to render the corporationo essentially “at home” in the forum.
A corporate D is always “at home” in the state of incorporation and the state of its principal place of business.
