Personal Jurisdiction

Question 1

PJ is the ability of a court to issue a binding

Answer 1

judgment over the parties in an action

Question 2

Actions seeking monetary judgments are

Answer 2

in personam

Question 3

Actions seeking declarations of the true owner of

Answer 3

specific property relative to everyone in the world are in rem

Question 4

Actions seeking declaration of the true owneer between only the litigants are

Answer 4

Quasi in rem

Question 5

For most cases, if PJ exists in state court

Answer 5

it will also exist in the relevant federal court as the Constitutional scope of FRCP 4(k)(1)(A) is broad.

Question 6

PJ must exist over each…

Answer 6

individual claim of the lawsuit

Question 7

In personam PJ is split into

Answer 7

General PJ and Specific PJ

Question 8

General PJ exists when the claims are unrelated to events or contracts within the forum state where suit is brought. (They can happen anywhere in the world).

Answer 8

General PJ is good with any claim the plaiintiff has against the defendant.

Question 9

Specific PJ exists when

Answer 9

the claims in the suit ARISE out of events in the forum state

Question 10

The first step to evaluate PJ is whether the state

Answer 10

has an applicable LAS

Question 11

For most civil cases, PJ in federal court has the

Answer 11

same boundaries as PJ in state court because of FRCP 4(k)(1) (A).

Question 12

International shoe broadened the scope of PJ

Answer 12

over out-of-state defendants,

Question 13

And States enacted LAS to address getting PJ over an out-of-state Defendant who was

Answer 13

absent of service in the forum state

Question 14

An ennumerated LAS is more restrictive… while non-ennumerated LAS

Answer 14

either explicitly indicate or are interpreted to go to the full extent permitted by the constitution.

Question 15

If LAS is enumerated, we must analyze whether

Answer 15

a claim fits within the state’s LAS, then do an International Shoe analysis

Question 16

If a LAS goes tot the full extent of the Constitution, we can

Answer 16

simply do the IS analysis

Question 17

Two conditions must be satisfied for a court to satisfy PJ:

Answer 17

1) PJ must be constitutionally permissible and 2) must be authorized by an appropriate LAS.

Question 18

P’s consent to PJ when they file the action

Answer 18

in the court they have choosen (Keeton)

Question 19

Individuals are subject to General PJ in the state where they

Answer 19

hold citizenship (Miliken)

Question 20

Corporations are subject to General PJ where

Answer 20

they are are “at home” which can be the state of incorporation or PPOB (Daimler)

Question 21

PJ is permited when a Defendant is physically

Answer 21

present in the forum state (Pennoyer)

Question 22

The state’s LAS may aslo describe if PJ is applicable through a

Answer 22

business registration statute (a corporation agrees to PJ in exchange for business licensing in the state) if there is a registered agent in the state (Hess)

Question 23

OR possibily through tag jurisdiction

Answer 23

and proper service of the complaint and summons (Burnham)