Personal Jurisdiction

Question 1

Personal Jurisdiction Defined

Answer 1

Personal jurisdiction involves the ability of a court having subject matter jurisdiction to exercise power over a particular defendant or item of property

It may be categorized as in personam, in rem, or quasi in rem. The primary limitations on a court’s power to exercise personal jurisdiction are found in the United States Constitution and state statutes.

Question 2

Limitations on Personal Jurisdiction: Statutory

Answer 2

If no state statute grants the court the power over the parties before the court, the court lacks personal jurisdiction.

Question 3

Limitations on Personal Jurisdiction: Constitutional

Answer 3

The Due Process Clause of the Constitution places two restrictions on the
exercise of personal jurisdiction:

1. The defendant must have such contacts with the forum state that the exercise of jurisdiction would be fair and reasonable.
2. The defendant must be given appropriate notice of the action and an opportunity to be heard.

Question 4

Limitations on Personal Jurisdiction: Personal Jurisdiction in Federal Courts

Answer 4

Rule 4 of the Federal Rules:

1. Absent some special federal statute, each federal court must analyze personal jurisdiction as if it were a court of the state in which it is located.
2. Authorizes jurisdiction without regard to state long arm statutes over third-party defendants and parties required to be joined under the compulsory joinder rules, provided the party is served within 100 miles from the place where the summons was issued.

Question 5

In Personam Jurisdiction

Answer 5

Exists when the forum has power over the person of a particular defendant.

Plaintiff may enforce the judgment against the defendant’s property in any other state where that property is located.

Question 6

In Rem Jurisdiction

Answer 6

In rem jurisdiction exists when the court has power to adjudicate the rights of
all persons in the world with respect to a particular item of property.

Question 7

Situations where a statute may grant In Personam Jurisdiction.

Answer 7

(i) Where the defendant is present in the forum state and is personally served with
process;

(ii) Where the defendant is domiciled in the forum state;
(iii) Where the defendant consents to jurisdiction; AND
(iv) Where the defendant has committed acts bringing him within the forum state’s long arm statutes.

Question 8

In Personam Jurisdiction: Physical Presence at Time of Service

Answer 8

Most states grant their courts in personam jurisdiction over any defendant who can
be served with process within the borders of the state, no matter how long he was
present, even if merely passing through.

Question 9

IPJ: Domicile

Answer 9

1. Place where a person maintains her permanent home.

Question 10

IPJ Domicile: If a person has legal capacity (ability to act under law), her domicile is the place she has chosen through. . .

Answer 10

1. Presence (even for a moment); AND

2. The intention to make that place her home.

Question 11

IPJ Domicile: If a person lacks capacity. . .

Answer 11

Determined by law.

(for example, an infant is a domiciliary of the custodial parent’s home state).

Question 12

Is a United States citizen, even though domiciled abroad, subject to personal
jurisdiction in the United States?

Answer 12

Yes.

Question 13

IPJ: Express Consent

Answer 13

A party’s express consent to the jurisdiction of local courts, whether given
before or after suit is commenced, serves as a sufficient basis for in personam
jurisdiction.

Question 14

IPJ Express Consent: By K

Answer 14

A person can, by contract, give advance consent to jurisdiction in the event
a suit is brought against him.

Question 15

IPJ Express Consent: By appointment of an agent to accept service of process

Answer 15

A person can, by contract, appoint an agent in a particular state to receive
service in that state in an action against him. The terms of the contract
determine the extent of the agent’s power and, thus, the scope of the jurisdiction conferred.