Personal Jurisdiction

Question 1

What are the three types of personal jurisdiction?

Answer 1

In personam jurisdiction

In rem jurisdiction

Quasi in rem jurisdiction

Question 2

Define general and specific jurisdiction.

Answer 2

General Jurisdiction

• statutory basis in Georgia arising from the defendant’s presence in the forum
• jurisdiction need not relate to the events giving rise to the claim

Specific Jurisdiction

• the statutory basis must relate** to the **events giving rise to the claim

Question 3

What steps must the court inquire into to assert personal jurisdiction?

Answer 3

Does the assertion of jurisdiction satsify the statute?

Does the assertion of jurisdiction comply with the Due Process Clause of the United States Constitution?

Question 4

How may a court in Georgia assert jurisdiction over a defendant?

Answer 4

Presence in Georgia when served with process

• general jurisdiction

Domicile in Georgia when served with process

• general jurisdiction

Incorporation** in Georgia or **Authorization to transact business in Georgia

• general jurisdiction

Consent

• general jurisdiction

Georgia Long Arm Statute

• specific jurisdiction

Georgia Nonresident Motorist Act

• specific jurisdiction

Question 5

What are the exceptions to presence in the state for personal jurisdiction?

Answer 5

If the defendant by fraud or trick was lured into the state and then served with process

Judicial immunity** if **traveling** to Georgia and **returning** from Georgia for and **participating** in a **judicial proceeding

Question 6

When may a corporation authorized to transact business in Georgia be subject to personal jurisdiction?

Answer 6

So long as its business activity in Georgia is sufficiently continuous and systematic such that it would fairly be regarded as “at home.”

Question 7

How may a party consent to personal urisdiction in the state?

Answer 7

By contract

By failing** to make a **timely objection

Filing suit in the state for related matter

(Foreign corporations qualified to transact business) by appointing an agent for service

Question 8

To whom does the Long Arm Statute apply to?

Answer 8

Nonresidents of Georgia when:

• the claim arose; or
• if was a resident at that time, when served with process

Question 9

What contacts trigger jurisdiction under the Long Arm Statute?

Answer 9

Transacting any business in Georgia

• physical presence is not required so long as there is a sustained, purposeful connection towards the state
• specific jurisdiction–claim must arise out of the defendant’s contacts with the state
• not limited to contracts but can also apply to tort cases

Committing a tortious act or omission (except defamation) in Georgia

• the tortious act and injury must occur in georgia

Committing a tortious act or omission out of state** that **injures the plaintiff in Georgia

• permitted only if the defendant engages in some peristent course of conduct in Georgia OR derives substantial revenues from goods consumed here

Owning, using, or possessing real property in Georgia

Domestic Relations: alimony, child support, division of property in divorce

• if the defendant had a matrimonial domicile here when the case if filed; OR
• resided here before commencement of the case

Question 10

What requirements trigger jurisdiction under the Nonresident Motorist Act?

Answer 10

Only available to sue nonresidents of Georgia

• Someone who was not a resident when the claim arose

Specific jurisdiction for claims arising from any accident or collision involving the nonresident’s use or ownership of a motor vehicle in Georgia.

Question 11

What is the constitutional standard for personal jurisdiction?

Answer 11

Does the defendant** have such **minimum contacts with the forum** so that **exercise of jurisdiction** does not offend **traditional notions of fair play and substantial justice?

• Due Process Clause

Question 12

List and define the constitutional elements of personal jurisdiction.

Answer 12

Minimum Contacts–what type of contact

• purposeful availment–contact must result from purposeful, voluntary acts toward the forum
• foreseeability–defendants contacts with the forum make it foreseeable that the defendant could get sued in the forum

Fair Play and Substantial Justice

• relatedness between this specific contact and the claim–does the claim arise from the defendant’s contact with the state
• convenience–the forum is ok unless it is so gravely inconvenient that the defendant is at a severe disadvantage in litigation
• state’s interest–provide the forum for citizens and protect its citizens

Question 13

What are the requirements for asserting in rem and quasi in rem actions jurisdiction?

Answer 13

Must still satisfy the minimum contacts test

• will likely turn on whether the action is related to or arises out of the property