Personal Jurisdiction

Question 1

What are the Georgia state bases for PJ?

Answer 1

Consent, Presence, or Long Arm Statute

Question 2

What are the 2 things you need for a GA court to have PJ?

Answer 2

A GA basis for PJ (consent, presence, or long arm statue) + Constitutionality (min contacts, fairness, availment, targeting)

Question 3

What are the 2 types of consent (a GA basis for PJ)?

Answer 3

Express: K term agreeing to litigate in GA; other expressions

Implied: not objecting to PJ in 1st response to complaint within 30 days of service

Question 4

What is presence (a GA basis for PJ)?

Answer 4

voluntary existence in Georgia when served

Question 5

What are the types of presence?

Answer 5

Actual: presence in st when served

Domicile: true GA home w intent to return to GA

Doing Business: incorporation, Principal Place of Business

Question 6

What does a long arm statute do?

Answer 6

(GA basis for PJ)
gives PJ over nonresidents if there is a specific connection between act and suit

Question 7

What is the acronym for remembering what a long arm statute can apply to?

Answer 7

LIMIT!

Land: land related to suit is in GA and D owns, uses, possesses it
Injury: comes from D tort in ga or injury results in GA
Matrimony: SAD: support for child, alimony, divorce against D domiciled in GA before action is filed
Insurance K: D enters K for risk located in GA
Transaction of business: K negotiated, made, or performed in GA, where suit derives from
Note: D is nonres if they did not live in GA either when act happened OR when served

Question 8

After there is a GA basis for PJ, what else does there need to be for PJ?

Answer 8

Constitutionality: minimum contacts, fairness (tradt’l notions of fair play and substantial justice), availment (purposeful), and targeting: D targeted consumers in GA