Personal Jurisdiction Flashcards
What is Personal Jurisdiction?
Personal Jurisdiction involves the court’s ability to exercise authority over parties or their property.
What is the core concept of Personal Jurisdiction?
Fairness, that is, is it fair to exercise jurisdiction over this defendant?
How to determine if Personal Jurisdiction fair
Balance the state’s interest in protecting its citizens with due process rights protecting against unfair exercise of jurisdiction.
This analysis is performed for each defendant separately.
Are there limits for Personal Jurisdiction?
Statutory and constitutional constraints can limit the court’s jurisdiction.
What is the analysis for Personal Jurisdiction?
Jurisdiction must be statutorily authorized and constitutional
What does it mean for jurisdiction to be statutorily authorized?
An applicable state law must authorize jurisdiction.
What does it mean for jurisdiction to be constitutional?
Jurisdiction must satisfy due process.
How does jurisdiction satisfy due process?
To satisfy due process:
Parties must have “minimum contacts” with the forum state.
Parties must receive “adequate notice” of the action and an opportunity to be heard.
What are the types of Personal Jurisdiction?
In personam
In rem
Quasi in rem
What is in personam jurisdiction?
jurisdiction over persons
What is in rem jurisdiction?
jurisdiction over property or status, including ownership disputes
What is quasi in rem jurisdiction?
permits a court without Personal Jurisdiction to determine certain types of disputes between the Plaintiff and Defendant when property is located in the forum state
In Personam
Court may render judgment (money or injunction) against an individual based on contacts with the forum state
In Rem
Court adjudicates rights of parties with respect to property located in forum state and the judgment is binding as to disposition of property rights or status, not as to parties personally
In rem often involves estate issues, business proceedings, and property disputes (for example, action to quiet title)
Quasi In Rem
Property is attached for some reason not necessarily involving the property itself (for example, an action against the Defendant and his assets due to fears that the Defendant will flee the state)
A court may render judgment as to persons with respect to property (rather than judgment over person or property itself)
