Personal Jurisdiction Flashcards
Generally, what are the four ways a court can have personal jurisdiction over a defendant?
A court can have personal jurisdiction over a defendant if
1) Domicile: Defendant lives in forum state, (corporation is at home in forum state)
2) Physical Presence: Service of process of the defendant while he is PHYSICALLY PRESENT in the forum state will satisfy this UNLESS they are in state due to force/fraud or in state to answer a summons.
3) Consent: Out of state defendants may consent to personal jurisdiction (can be express or implied by conduct)
4) Waiver: lack of personal jurisdiction can be waived by the defendant by substantial participation on the merits before raising an objection (i.e making an appearance).
How can personal jurisdiction be established via state long arm statute?
If minimum contacts exist between the defendant and the forum state.
When are minimum contacts established for purposes of long arm statute personal jurisdiction?
Sufficient minimum contacts exist when:
1) general or specific jurisdiction is present and;
2) The exercises of such jurisdiction does NOT offend traditional notions of fair play and substantial justice. (Convenience for defendants; State have legit interest in the matter; plaintiff interest is in obtaining relief is proper)
What is general personal jurisdiction?
General jurisdiction is present when the defendant’s contact’s with the forum state is so systematic and continuous that he is essentially at home in the forum state. When general jurisdiction is present, the defendant can be sued on ANY claim.
What is specific personal jurisdiction?
Specific jurisdiction is present if:
1) The defendant purposefully availed himself of the benefits of the forum state (e.g using state highway) and
2) The defendant knew or reasonably should have anticipated that his activities in the forum state made it foreseeable that he may be “hailed into court” there.
