Personal Jurisdiction

Question 1

What are the three types of personal jurisdiction?

Answer 1

1. ) In Personam
2. ) In Rem
3. ) Quasi In Rem

Question 2

Can personal jurisdiction be waived?

Answer 2

Yes.

Defendant waives by substantial participation. Must be waived at first opportunity (pre-answer motion or raised in answer).

Question 3

What are the bases for in personam jurisdiction?

Answer 3

CLAD
(C)onsent - Defendant can expressly consent to jurisdiction by contract, or once action is brought, impliedly through conduct, or voluntarily through appearance is court. (appearance alone not enough. And appearance to contest jurisdiction does not count)

(L)ong-Arm Statute- Authorizes personal jurisdiction over nonresidents who engage in some activity in state or cause some action to occur within the state.

(A)ttachment or Property - Must be minimum contacts between defendant and forum state.

(D)omicile - If authorized by state, has jurisdiction over person domiciled in state.

Question 4

What are the due process requirements for personal jurisdiction?

Answer 4

Minimum Contacts
- Purposeful Availment

• Specific and General Jurisdiction
  
  • Specific: When cause of action arises out of or
    closely relates to defendant’s contact with forum
    state, even if only contact. Specific jurisdiction is
    for that action only.
  • General: Requires that defendant be domiciled in
    or have continuous and systematic contacts with
    forum state. Has jurisdiction for any claim.
• Imputed Contacts
  
  • Partnerships: each partner is generally an agent of
    partnership.
  • Corporations: Must act as agent or parent alter
    ego.
  • Employees: Vicarious if within scope of
    employment.

Fair Play and Substantial Justice (BIIS) - Court must consider four factors.

(B)urden on defendant on appearing.
(I)nterest of forum state in adjudicating matter.
(I)nterest of judicial system in efficient resolution of controversies.
(S)hared interests of the states in promoting social policies.

Question 5

What is the in personam jurisdiction rule for corporations?

Answer 5

If corporation is a resident (state of incorporation), any action may be brought.

If corporation is foreign: due process requirements apply. Test is whether the corporation contacts are so continuous and systematic that corporation is essential at home. (Always at home in state of incorporation and principal place of business).

Question 6

What is in-rem and quasi-in-rem jurisdiction?

Answer 6

In Rem
- Suit against property so long as property is located in state where suing and can settle everyone in the world’s claim.

Quasi In Rem
Suit to adjudicate the claim to property of a particular defendant(s), the subject-matter may or may not be related.
- Subject to some minimum contacts. i.e. if
property s subject of suit. (but when not subject
to suit, ownership alone is not enough.

Question 7

What is the personal jurisdiction rule for websites?

Answer 7

Degree of website interactivity between website and forum.

Sliding scale.
Making website and posting. (lesser end)
Website integral to business. (major end)

Question 8

When must the defense of lack of personal jurisdiction be asserted?

Answer 8

Under Rule 12(b), the defense of lack of personal jurisdiction must be asserted in a responsive pleading or by motion before a responsive pleading is submitted. The failure to timely object to a court’s assertion of personal jurisdiction waives the objection