Personal Jurisdiction Flashcards
What are the requirements for Personal Jurisdiction
federal courts must have PJ over:
- a party for its judgment to be binding
- as state court where the fed district court is located.
2 categories for Personal Jurisdiction
- Traditional bases of jurisdiction;
2. long-arm jurisdiction
the first category of PJ: traditional bases
Domicile
waiver
consent
present in the state when served
The second category of PJ: long-arm jurisdiction
to assert long-arm: -
a. state must have long-arm statute and
b. comply with due process requirements.
Due process: = def has sufficient minimum contacts with the forum stateso as not to offend traditional motions of fair play and substantial justice.
What is prong 1 of the minimum contact?
General Jurisdiction:- contacts so substantial and of such nature that D is essentially at home or
Individuals - domiciled in the state
corporations - where corp is at home (incorp or nerve center)
Special Jurisdiction:- a connection between the forum state and underlying controversy. the lawsuit must relate/arise from D’s contact with the state.
( regularly occurring product sales in a state don’t justify jurisdiction of a claim unrelated to hose sales.
Prong 2 Fair play and substantial justice
must be fair and reasonable for D to be sued in the forum state.