Personal Jurisdiction Flashcards
What is personal jurisdiction?
Power of court over particular person
What are the two main steps for asserting personal jurisdiction?
- look at the state law
- look at the 14th Amendment
What do you ask about the state law to determine whether PJ may be asserted?
Could a state court under state law assert PJ over that party?
If yes, the federal court may assert PJ (subject to constitutional considerations); but if the state court could not assert, then federal court cannot assert PJ either
What is the point of looking at the Fourteenth Amendment when analyzing whether a court has PJ?
Must determine whether the state law is constitutional under the Due Process Clause (DP) of the 14th Amendment
What are the five ways in which a state law permissibly authorizes PJ?
- residency
- consent
- service
- minimum contacts
- “at home” general jurisdiction
How could residency allow a federal court to assert PJ?
If party is a resident (domiciled) of state where suit filed, PJ is constitutional
How is residency determined for corporations?
Corporation is a resident of state(s) where incorporated and where it has its principal place of business
How could consent allow a federal court to assert PJ?
A party can consent to PJ in three ways:
1. appearance: Party appears in court without objecting to PJ (must object to PJ in initial filing or first appearance before court)
2. Contract: If D Signed K with choice-of-forum clause = consent
3. Appointment: Some states require businesses to appoint agents located in state to receive process = consent
How could service allow a federal court to assert PJ?
D served with process while in state where suit filed (tag)
This would not be constitutional if the P enticed or force D into the state OR D was in state to participate in a different legal proceeding
How could minimum contacts allow a federal court to assert PJ?
i) D has established a minimum contact with the forum state (established if D causes harm in the state, does business, or has an interest in real property in the state)
ii) Claim against D arises from that contact, AND
iii) PJ wont offend traditional notions of fair play + substantial justice
