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VA Civil Procedure > Personal Jurisdiction > Flashcards

Personal Jurisdiction Flashcards

1
Q

To enter a valid judgment, a court must have power over…

A

the parties.

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2
Q

Personal jurisdiction analysis is the same in…

A

federal and state court. So whether a federal court in State X has PJ
over D is assessed exactly the same way as whether a
state court in State X would have PJ. No difference.

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3
Q

The court automatically has power over the _________, because she invoked jurisdiction.

A

plaintiff

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4
Q

Is the analysis different depending upon whether the case will go to federal court or to state court?

A

No, it is the same in both.

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5
Q

Whether there’s PJ is a two-step process:

A
  1. Satsify a Virginia statute
  2. Satisfy the constitution
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6
Q
  • In personam* is jurisdiction is over…
  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

the defendant (not her property).

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7
Q

What are the two statutory bases for in-personam jurisdiction in Virginia?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A
  1. Defendant is a nonresident, but is served with process for a Virginia suit while present in Virginia.
    1. This is okay statutorily because the defendant was present in Virginia when he was served with process.
  2. Defendant is domiciled in Virgnia, but is served with process for a Virginia suit concerning his activities outside of Virginia.
    1. This is okay statutorily because the defendant resides in Virginia.
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8
Q

To satisfy the Virginia long-arm statute, the claim must arise when the defendant does one of the following things in Virginia:

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A
  1. Causes tortious injury instate by act or omission instate
  2. Causes tortious injury instate by act or omission out of state
  3. Contracts to supply services or things in Virginia
  4. Has an interest in, uses or possesses realty in Virginia
  5. Transacts any business in Virginia
  6. Causing injury in Virginia by breach of warranty where sale was out of state.
  7. Domestic relations
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9
Q

Virginia’s first long-arm provision, “causes tortious injury instate by act or omission instate,” requires that the defendant do what?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

Both the tortious act and the resulting injury must have occurred in Virginia.

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10
Q

Virginia’s second long-arm provision, “causes tortious injury instate by act or omission out of state,” requires that the defendant do what?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A
  1. Commit a tortious act (or omission arising to a tortious act),
  2. for which the plaintiff’s injury occurs in Virginia, and
  3. the defendant:
    1. regularly does or solicits business in Virginia, or
    2. (engages in any other persistent course of conduct from which it derives substantial revenue from goods used in Virginia.
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11
Q

Virginia’s third long-arm provision, “contracts to supply services or things in Virginia,” requires that the defendant do what?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

Commit an act that results in a claim by the plaintiff arising from a goods and/or services contract.

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12
Q

Virginia’s fourth long-arm provision, “has an interest in, uses or possesses realty in Virginia” includes what caveats?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A
  1. Has to be land, i.e. real property
  2. The nonresident defendant need not own the land, he just has to use it, possess it, or have an interest in it.
    1. WATCH OUT FOR THIS!
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13
Q

Virginia’s fifth long-arm provision, “transacts any business in Virginia.” includes defendants who…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

have even just one business contact in Virginia. So if the defendant signs a contract in Virginia, he is subject to PJ.

(this is called a “single transaction” state)

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14
Q

Virginia’s sixth long-arm provision, “Causes injury in Virginia by breach of warranty where sale was out of state.” includes defendants who…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

could reasonably foresee effect in Virginia and regularly does or solicits business, or derives substantial revenue from goods consumed in Virginia.

(this is not common to show up on the exam)

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15
Q

Virginia’s seventh long-arm provision, “domestic relations,” includes defendants who…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A
  1. Maintained a matrimonial domicile in Virginia at the time of:
    1. the claim for divorce,
    2. separate maintenance, or
    3. separation arose, or
    4. at the time suit is filed.
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16
Q

Virginia’s seventh long-arm provision, “domestic relations,” also provides jurisdiction for..

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

supplemental spousal or child support orders where original jurisdiction was in-personam under the in-personam statute.

(this is not common to show up on the exam)

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17
Q

The third statutory basis for PJ is the Non-Resident Motorist Act. (NRMA) What does this act hold?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
A

Courts have personal jurisdiction over the owner or operator of a motor vehicle involved in an accident in Virginia.

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18
Q

NRMA cases will typically also fall under…

A

Long-Arm Provision 1.

Causing tortious injury instate by act or omission instate.

(examiners will give you extra credit for mentioning stuff like this)

19
Q

What is the constitutional standard test for personal jurisdiction?

A

Does defendant have “such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?”

20
Q

What must we ask to satisfy the constitutional requirement for personal jurisdiction?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
A

Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

21
Q

What are the three elements for satisfaction of minimum contacts?

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
A
  1. Contact
  2. Relatedness, and
  3. Fairness.
22
Q

For contact to be satisfied, there must be…

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
        • Relatedness
        • Fairness
A

relevant contact between the defendant and the forum state.

23
Q

What are the two factors assessing contact?

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • ​Contact
        • Relatedness
        • Fairness
A
  1. Purposeful Availment
  2. Foreseeability
24
Q

What is purposeful availment?

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
        • Fairness
A

Potter can’t always be a Protagonist

Purposeful availment is when the defendant purposefully availed herself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.

25
Q

What are some examples of purposeful availment?

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Forseeability
        • Relatedness
        • Fairness
A

(1) Marketing a product in the forum;
(2) using the roads in the forum;
(3) establishing domicile in the forum;
(4) travelling in the forum;
(5) sending a tortious e-mail into the forum.

26
Q

A defendant (can/cannot) purposefully avail without setting foot in the forum.

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
        • Fairness
27
Q

In order to meet the foreseeability requirement, the defendant must:

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
        • Fairness
A

know or reasonably anticipate that her activities in the forum state render it foreseeable that she may be haled into court there.

28
Q

With regards to relatedness, we ask:

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
        • Fairness
A

Whether the claim is related to the defendant’s contacts with the forum.

29
Q

There are two types of relatedness. They are:

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
        • Fairness
A

General and specific.

30
Q

What is general relatedness?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

Relatedness that allows the plaintiff to sue the defendant there regarding any matter in the world.

31
Q

When can a court exercise general relatedness with regards to a defendant?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

When the defendant is “at home” in the forum state.

32
Q

Defendants are “at home” when they are in…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

their domiciled state.

33
Q

Corporations are “at home” in…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

the state in which it was incorporated and the state in which it has its principal place of business.

34
Q

Where else may a corporation be deemed to be “at home”?

  • PJ
    • Statutory Analysis
      • ​In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

every state in which the company’s activity is so systematic and continuous that the company is at home in the forum.

35
Q

Satisfying this also gives a court general relatedness over a defendant.

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

The two statutory bases for in-personam jurisdiction in Virginia.

Thus, defendant can be sued from a claim arising anywhere in the world based on these.

  1. Defendant is a nonresident, but is served with process for a Virginia suit while present in Virginia.
    1. This is okay statutorily because the defendant was present in Virginia when he was served with process.
  2. Defendant is domiciled in Virgnia, but is served with process for a Virginia suit concerning his activities outside of Virginia.
    1. This is okay statutorily because the defendant resides in Virginia.
36
Q

Specific jurisdiction means the plaintiff is suing a nonresident person or entity for…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

something she or it has done or an effect she or it has caused in Virginia.

37
Q

When does specific relatedness (usually called specific jurisdiction) occur?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

When the claim is related to the defendant’s contacts with the forum state.

38
Q

If a claim is specifically related, then the plaintiff may sue the defendant regarding:

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
      • Relatedness
        • General Relatedness
        • Specific Relatedness
      • Fairness
A

the claims which arose out of that contact.

39
Q

Satisfying the _________ also results in specific jurisdiction over the defendant.

  • Statutory Analysis
    • In-personam statute
    • Long-arm statute
    • NRMA
  • Constitutional Analysis
    • Minimum Contacts
      • Contact
        • Purposeful Availment
        • Foreseeability
      • Relatedness
        • General Relatedness
        • Specific Relatedness
      • Fairness
A

Virginia long-arm statute

40
Q

The fairness factor is only assessed in cases where…

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A

specific relatedness is the basis for jurisdiction.

41
Q

How does one determine the fairness factor?

  • PJ
    • Statutory Analysis
      • In-personam statute
      • Long-arm statute
      • NRMA
    • Constitutional Analysis
      • Minimum Contacts
        • Contact
          • Purposeful Availment
          • Foreseeability
        • Relatedness
          • General Relatedness
          • Specific Relatedness
        • Fairness
A
  1. Burden on D and witnesses.
    1. Even if the forum is not convenient for D, the forum is OK unless it puts her at a severe disadvantage in the litigation. (very difficult burden. wealth of the parties is not determinative).
  2. State’s interest
    1. (The forum state may want to provide a courtroom for its citizens, who are allegedly being harmed by out-of-staters.)
  3. Plaintiff’s interest
    1. Plaintiff may be injured and wants to sue at home.
42
Q

D, a resident of NY, is served with process for a VA suit while present in VA. Statutorily, PJ is OK because…

A

Defendant resides in Virginia.

43
Q

D, who is domiciled in VA, is served with process for a VA suit concerning D’s activities outside VA. Statutorily, PJ is OK because…

A

Defendant was present in Virginia when served with process.

VA Civil Procedure (16 decks)

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