personal jurisdiction Flashcards

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1
Q

how to obtain general personal jurisdiction in VA

A

(1) serve D with process while D is present in VA

(2) D is domiciled in VA

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2
Q

how to obtain specific personal jurisdiction over the D

A

The Virginia long-arm statute provides for specific personal jurisdiction over the defendant. Specific jurisdiction is required where the defendant has not been served in Virginia or is not domiciled in Virginia, but still conducts certain activities in Virginia such that he is subject to personal jurisdiction in Virginia.

(1) D causes tortious injury in VA by an act or omission in Virginia

(2) D caused tortious injury in VA by an act or omission OUTSIDE VA, but
(a) the defendant regularly does or solicits business in Virginia
OR
(b) engages in a persistent course of conduct from which it derives substantial revenue from goods used in Virginia

(3) D contracts to supply services or things (goods) in Virginia

(4) D has an interest in, uses, or posses realty in Virginia

(5) D has transacted any business in Virginia [single contact is enough]

(6) D has caused injury in VA by breach of warranty where the sale was out of state, as long as
(a) seller reasonably foresee effect in Virginia
and
(b) seller regularly does or solicits business in VA or derives substantial revenue from goods consumed in VA

(7) domestic relations cases

(a) PJ for maintaining a matrimonial domicile in VA at time claim for divorce or separate maintanence arose

(b) PJ for supplemental spousal or child support orders where original jurisdiction was in personam

(8) nonresident motorist act
(PJ over nonresident owners or operators of a motor vehicle involved in an accident in VA)

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