Personal JDX Flashcards
To determine whether a court has the power over an out of state D, the court’s exercise of PJ must be
(specific in personam JDX)
1) Authorized by the state long arm statue or rule of court; and
2) Permitted by the due process clause of the U.S. Constitution
Unlike SMJ, PJ can be
Waived by a general appearance
To contest a court’s personal jurisdiction the D must
Raise the lack of PJ at the first opportunity in either its 1) pre-answer motion or
2) answer
If a defendant fails to object to the lack of personal jurisdiction then
the objection to personal jurisdiction is waived.
What are the 3 types of personal jurisdiction ?
1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem
General in personam jurisdiction is
unrelated to the D’s contact with the forum state
There are 4 basis for General In personam JDX
1) Physical service of process on the D while willingly/knowingly the forum state
General in personam jurisdiction is
unrelated to the D’s contact with the forum state
What are the 3 types of personal jurisdiction ?
1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem
There are 4 basis for General In personam JDX
1) Physical service of process on the D while willingly/knowingly the forum state
2) The D is domiciled in the forum state (residency +intent to remain)
3) Consent (waiver/express consent/appointment of agent to receive service
4) Corporations where incorporated or has principal place of business
There are 4 basis for General In personam JDX
1) Physical service of process on the D while willingly/knowingly the forum state
2) The D is domiciled in the forum state (residency +intent to remain)
3) Consent (waiver/express consent/appointment of agent to receive service
4) Corporations where incorporated or has principal place of business
What are the 3 types of personal jurisdiction ?
1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem
General in personam jurisdiction is
unrelated to the D’s contact with the forum state
Specific
3 exceptions to Specific in Personam JDX
1) Federal interpleader act- allows nationwide service of process
2) The bulge provision- allows service anywhere within 100 miles of federal courthouse for 1) impleading 3rd party D’s or 2) joining necessary parties under rule 19
3) Rule 4K- When D is not subject to PJ in any court and P is suing under federal law. D must have sufficient contacts with U.S. as a whole
In Rem
Suit against property, can be brought so long as the property is located in the state where P is suing and the suit will settle everyone’s claim the property
Quasi in rem
Suit to adjudicate the claim of property of a particular D and requires a minimum contacts analysis (When the property is the subject of the suit, it will constitute an important minimum contact, when its not, its not enough to establish PJ)
There are 4 basis for General In personam JDX
1) Physical service of process on the D while willingly/knowingly the forum state
2) The D is domiciled in the forum state (residency +intent to remain)
3) Consent (waiver/express consent/appointment of agent to receive service
4) Corporations where incorporated or has principal place of business
3 exceptions to Specific in Personam JDX
1) Federal interpleader act- allows nationwide service of process
2) The bulge provision- allows service anywhere within 100 miles of federal courthouse for 1) impleading 3rd party D’s or 2) joining necessary parties under rule 19
3) Rule 4K- When D is not subject to PJ in any court and P is suing under federal law. D must have sufficient contacts with U.S. as a whole
General in personam jurisdiction is
unrelated to the D’s contact with the forum state
What are the 3 types of personal jurisdiction ?
1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem
Specific In Personam is
The D must have sufficient minimum contacts with the forum state
A state can only exercise PJ over a corporations
It is consistent with traditional notions of fair play. Putting a product into the steam of commerce is not enough alone.
Minimum contacts are contacts the the D
Establishes purposely with the forum state
