Personal Jurisdiction

Question 1

Personal Jurisdiction Definition

Answer 1

It is the power of a court to reach an involuntary defendant.

Constitutional Requirement

Due process requires minimum contacts between the defendant and the forum state such that it is consistent with traditional notions of fair play and substantial justice.

Question 2

Three Types of Personal Jurisdiction

Answer 2

• In Personam (Against the Person)
• In Rem (Against the Thing)
• Quasi in Rem (Sort of Against the Thing)

Question 3

Waiver of Personal Jurisdiction

Answer 3

Unlike Subject Matter Jurisdiction, Personal Jurisdiction can be Waived

Voluntary

Make a general appearance

Per the Rules

The Federal Rules require to raise lack of personal jurisdiction at the first opportunity or it is waived.

(This might be in an Answer, for instance)

Question 4

In Personam Jurisdiction

Answer 4

Two Types: General and Specific

General In Personam Jurisdiction

• Requires a physical presence within the state

Except:

Person in the state only to answer a court summons OR forced/coerced to enter the state

Specific In Personam Jurisdiction

• Plaintiff’s claims against defendant must arise out of–or directly relate to–the defendant’s contacts within the forum.
• Governed by the state’s long-arm statute

Federal Exceptions to Specific In Personam Jurisdiction

• Generally, federal government uses state’s long-arm statute, but there are cases where it expands its reach.

Federal Interpleader Act [OFTEN TESTED]

• Authorizes nationwide service of process
• Service anywhere in the United States establishes personal jurisdiction

Bulge Provision of Federal Rules

• Allows service anywhere within 100 miles of the federal courthouse, even if in another state for impleading Rule 14 or joinder Rule 19

Question 5

In Rem Personal Jurisdiction

Answer 5

Suit against property, real or personal, so, so long as it is located in the state where you are suing will have in rem personal jurisdiction

Question 6

Quasi-in Rem

Answer 6

A suit to adjudicate the claim to property of a particular defendant or defendants; the subject matter of the suit may or may not be related to the property.

Must have the same minimum contacts.

[Instead of suing vacationers from Colorado, Delaware couple sues their bank/bank account established in New York]