Personal Jurisdiction Flashcards
What is personal jurisdiction?
Personal jurisdiction is the court’s power over the parties to the case.
What is original jurisdiction?
Original jurisdiction refers to the power of a court to hear a case for the first time, rather than on appeal.
An individual United States citizen is a citizen of what state for purposes of diversity jurisdiction?
An individual U.S. citizen is a citizen of the state in which she is domiciled.
What is in rem jurisdiction?
In rem jurisdiction is a court’s jurisdiction over property, as opposed to its jurisdiction over individuals. In an in rem case, the court determines the rights of all persons to the property involved. In rem jurisdiction is normally based on a state’s sovereign power over property within its borders.
For in rem, property must be attached at the beginning of the case, can’t be added after. (Pennoyer)
What is quasi in rem jurisdiction?
Quasi in rem jurisdiction is jurisdiction based on the defendant’s ownership of property within the forum state.
What are the three main traditional grounds for personal jurisdiction, not including state long-arm jurisdiction?
Domicile within the state, service of process while voluntarily present within the state, and consent (including waiver).
What is specific jurisdiction?
Specific jurisdiction is personal jurisdiction over a defendant that is derived from the defendant’s activities in a state, giving the court power to adjudicate claims arising out of those activities.
What is general jurisdiction?
General jurisdiction is the court’s ability to hear cases related to a party, regardless of whether the harm has any connection to the forum.
To establish specific jurisdiction, what relationship must exist between the cause of action and the defendant’s contacts with the forum state?
Specific jurisdiction is a form of personal jurisdiction under a long-arm statute; it exists if the cause of action arises out of the defendant’s contacts with the forum state.
The counterpart to specific jurisdiction is general jurisdiction, which is personal jurisdiction that exists even if the cause of action does not arise out of the defendant’s contacts with the forum.
To establish general jurisdiction, what relationship must exist between the defendant and the forum state?
To establish general jurisdiction, the defendant must have continuous and systematic contacts with the forum state, such that the defendant is at home in that state. (International Shoe)
What is a long-arm statute?
A long-arm statute is a state statute extending jurisdiction over nonresidents who have contacts with the state. A court’s exercise of jurisdiction pursuant to a state long-arm statute must nevertheless satisfy the requirements of constitutional due process.
What is the relationship between a state long-arm statute and personal jurisdiction?
A state long-arm statute defines the conditions under which the state will assert personal jurisdiction over an out-of-state defendant. Personal jurisdiction will exist if the long-arm statute, as applied to the defendant, is consistent with the Fourteenth Amendment’s Due Process Clause.
Why does a court have personal jurisdiction over a plaintiff?
A court has personal jurisdiction over a plaintiff because, by filing the case, the plaintiff consents to personal jurisdiction. Personal jurisdiction is a matter of individual rights under the United States Constitution. Thus, the plaintiff, like the defendant, may consent to personal jurisdiction. The plaintiff manifests this consent by filing the case.
Which provision of the United States Constitution is most important for purposes of analyzing personal jurisdiction?
The Due Process Clause of the Fourteenth Amendment is the most important constitutional provision for purposes of analyzing personal jurisdiction. The Due Process Clause is used to decide whether a state’s assertion of personal jurisdiction is fundamentally fair to a defendant who is made to appear in the state’s courts.
What is a general appearance by a defendant?
A defendant makes a general appearance by failing to object to the court’s lack of personal jurisdiction before contesting the merits of the case. A defendant who makes a general appearance in the forum court voluntarily submits to the forum state’s jurisdiction.
What is a special appearance by a defendant?
A defendant can make a special appearance for the sole purpose of contesting jurisdiction. A special appearance does not constitute consent to jurisdiction.
What role do traditional notions of fair play and substantial justice play in analyzing personal jurisdiction?
The Supreme Court has held that personal jurisdiction over a defendant requires minimum contacts with the forum state, such that jurisdiction over the defendant will not offend traditional notions of fair play and substantial justice. (International Shoe)
What is the role of purposeful availment in analyzing personal jurisdiction?
To meet the minimum-contacts requirement for personal jurisdiction, the defendant’s contacts with the forum state must be deliberate. That is, the defendant must have purposefully availed himself of the privilege of conducting some kind of activity in the state, thereby invoking the benefits and protections of that state’s laws. A defendant’s minimum contacts must be such that the defendant should reasonably anticipate being haled into court in the forum state. (McGee)
Which four factors has the Supreme Court identified as important in analyzing traditional notions of fair play and substantial justice in the law of personal jurisdiction?
(1) The forum state’s interest in regulating the activity involved or in providing a forum
(2) The relative convenience to the parties in terms of the locations of witnesses and evidence
(3) Whether an alternative forum exists
(4) The avoidance of multiple lawsuits if a single suit would be sufficient to resolve the dispute. (McGee)
May a court assert personal jurisdiction based on a defendant’s unintentional contacts with the forum state?
No. A court may not assert personal jurisdiction based on a defendant’s unintentional contacts with the forum state. Personal jurisdiction requires deliberate, purposeful, or intentional contact by the defendant with the forum state. In one common formulation, the defendant must “purposely avail” itself of the privilege of conducting activities within the forum state, thereby invoking the benefits and protections of that state’s laws. (Denckla)
What is a forum-selection clause?
A forum-selection clause is a provision in a contract or other document by which the parties agree to litigate their disputes in a designated court or a designated location. The agreed-upon forum can be one within a state or one within the federal judicial system.
What effect does a valid forum-selection clause have on personal jurisdiction in the selected forum?
A valid forum-selection clause is a form of consent to personal jurisdiction in the designated forum state.
Can a defendant challenge personal jurisdiction for the first time on appeal?
No. Objections to personal jurisdiction are waived if they are not raised early in the litigation, either in a pre-answer motion or in the answer itself. Subject-matter jurisdiction can be challenged at any time, but personal jurisdiction cannot.
What is transient jurisdiction?
Transient jurisdiction, also referred to as tag jurisdiction, refers to the power of a court to constitutionally exercise personal jurisdiction if the defendant is served with process while physically and voluntarily present in the state.
What rule did Pennoyer v. Neff (1878) add?
Under the Due Process Clause, no person is subject to the jurisdiction of a court unless person voluntarily appears in the court, is found within the state, resides in the state, or has property in the state that the court has attached.
