Personal Jurisdiction

Question 1

What is PJ?

Answer 1

ability of the court to have SMJ to exercise power over a particular defendant or item of property

Question 2

Where do you usually look to see if the state has jurisdiction?

Answer 2

the state’s long arm statute

Question 3

What are the three types of PJ?

Answer 3

in personam
in rem
quasi in rem

Question 4

What is in personam jurisdiction?

Answer 4

exists when the forum has power over the person of a particular D

Question 5

What is in rem jurisdiction?

Answer 5

court has power to adjudicate the rights of all persons with respect to a particular item of property

Question 6

What is quasi in rem jurisdiction?

Answer 6

court has power to determine the rights of particular individuals with respect to a specific piece of property

Question 7

When does a court have in personam jurisdiction?

Answer 7

1. D is present in forum state and is personally served with process
   - can be transitory presence; service can’t be accomplished through fraud/force
2. D is domiciled in the forum state
   - maintains permanent home
3. D is a citizen
   - when dom. abroad
4. D consents to jurisdiction
   - express or implied or through making a general appearance
   - can make special appearance, however, to object
5. D has committed acts bringing him within the forum state’s long arm statute

Question 8

What is the constitutional limitation on a court’s exercise of in personam jurisdiction?

Answer 8

must be sufficient minimum contacts so that the ex. of jurisd. is fair

Question 9

What constitutes minimum contacts?

Answer 9

contacts must show

1. D purposefully availed herself of the forum state’s laws; and
2. knew or reasonably should have anticipated her activities in forum state made it foreseeable that she may be hailed into court there

Question 10

What constitutes minimum contacts in a stream of commerce case?

Answer 10

D manuf. products in one state and sells in another (places it in the stream of commerce) and product winds up in another state where injury occurs.

there will be jurisdiction over D if, in addition to placing product in stream of commerce, knows or hopes a product will win dup in a particular forum and does some other act to show its intent to serve a particular state

Question 11

What is the “relatedness” factor when determining jurisdiction over D?

Answer 11

if the claim is related to D’s contacts with the forum, a court is likely to find that juris. as to that claim (specific jurisdiction, not general) is fair and reasonable

Question 12

What is general jurisdiction?

Answer 12

type of PJ; when the state has jurisdiction over any cause of action regardless of where it arose and D is “at home” in the jurisdiction

at home = domiciled

Question 13

Where is a corporation domiciled?

Answer 13

at state in which it was incorporated and state it in which it has it PPB

Question 14

What is specific jurisdiction?

Answer 14

type of PJ; when D commits a particular act in the state and the state’s long-arm statute covers it

Question 15

What if D’s activities in the forum are unrelated to the COA?

Answer 15

there must be general jurisdiction over D for the state to have juris.

Question 16

What is the “fairness” factor of PJ?

Answer 16

ex. of juris. must not offend the traditional notions of fair play and subst. justice, including:
- whether forum is so gravely difficult/inconvenient that D is put at severe disadvantage
- does forum state have legit. interest in providing redress for resident
- PL’s interest in obtaining conven. and effective relief
- judicial system’s interest in efficiency
- furthering social policies

Question 17

In addition to contact, relatedness, and fairness considerations, what else does due process require for proper ex. of PJ?

Answer 17

notice by a reasonable method and opportunity to appear and be heard

Question 18

What if D’s agent fails to notify D of lawsuit?

Answer 18

this prohibits jurisdiction

Question 19

When does a court have in rem jurisdiction?

Answer 19

when the property is present in the state - can ex. jurisd. over that property

Question 20

Does a court have in rem jurisdiction over property brought to its state through fraud/force?

Answer 20

No

Question 21

What are the two types of quasi in rem juris?

Answer 21

1. disputes between parties over rights in property within the state
   - need close connection between litigation and contact
2. disputes unrelated to property
   - mere presence of property is not sufficient - need to be some other basis for ex. jurisd

• need minimum contacts in both cases;