Personal Jurisdiction Flashcards

Question 1

Q

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

Answer

A

the parties.

Question 2

Q

Personal jurisdiction analysis is the same in…

Answer

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.

Question 3

Q

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

Answer

A

plaintiff

Question 4

Q

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

Answer

A

No, it is the same in both.

Question 5

Q

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

Answer

A

Satsify a Virginia statute
Satisfy the constitution

Question 6

Q

In personam* is jurisdiction is over…
PJ
- Statutory Analysis
  - In-personam statute
  - Long-arm statute
  - NRMA

Answer

A

the defendant (not her property).

Question 7

Q

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

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

Answer

A

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.
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.

Question 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

Answer

A

Causes tortious injury instate by act or omission instate
Causes tortious injury instate by act or omission out of state
Contracts to supply services or things in Virginia
Has an interest in, uses or possesses realty in Virginia
Transacts any business in Virginia
Causing injury in Virginia by breach of warranty where sale was out of state.
Domestic relations

Question 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

Answer

A

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

Question 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

Answer

A

Commit a tortious act (or omission arising to a tortious act),
for which the plaintiff’s injury occurs in Virginia, and
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.

Question 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

Answer

A

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

Question 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

Answer

A

Has to be land, i.e. real property
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!

Question 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

Answer

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)

Question 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

Answer

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)

Question 15

Q

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

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

Answer

A

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.

Question 16

Q

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

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

Answer

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)

Question 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

Answer

A

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

Question 18

Q

NRMA cases will typically also fall under…

Answer

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)

Question 19

Q

What is the constitutional standard test for personal jurisdiction?

Answer

A

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

Question 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

Answer

A

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

Question 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

Answer

A

Contact
Relatedness, and
Fairness.

Question 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

Answer

A

relevant contact between the defendant and the forum state.

Question 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

Answer

A

Purposeful Availment
Foreseeability

Question 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

Answer

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.

Question 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

Answer

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.

Question 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

Question 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

Answer

A

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

Question 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

Answer

A

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

Question 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

Answer

A

General and specific.

Question 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

Answer

A

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

Question 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

Answer

A

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

Question 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

Answer

A

their domiciled state.

Question 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

Answer

A

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

Question 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

Answer

A

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

Question 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

Answer

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.

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.
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.

Question 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

Answer

A

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

Question 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

Answer

A

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

Question 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

Answer

A

the claims which arose out of that contact.

Question 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

Answer

A

Virginia long-arm statute

Question 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

Answer

A

specific relatedness is the basis for jurisdiction.

Question 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

Answer

A

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).
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.)
Plaintiff’s interest
1. Plaintiff may be injured and wants to sue at home.

Question 42

Q

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

Answer

A

Defendant resides in Virginia.

Question 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…

Answer

A

Defendant was present in Virginia when served with process.

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Personal Jurisdiction Flashcards

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