Personal Jurisdiction Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Personal Jurisdiction Overview - What does it Involve?

A

PJ involves the court’s ability to exercise authority over parties or their property

Core Concept is Fairness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

PJ Analysis

A

Must be statutorily authorized and constitutional

Statutory: An applicable long-arm statute

Constitutional (satisfy due process)

1) Minimum Contact with the forum state

2) Adequate Notice: Parties must receive adequate notice of the action and an opportunity to be heard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In Personam PJ

A

Jx over persons

Court may render judgment (money or injunction) against an individual based on contacts with the forum state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

In Rem PJ

A

JX over property or status, including ownership disputes

Court adjudicates rights of parties with respect to property located in forum state (judgment is binding as to disposition of property rights or status, not as to parties personally)

Often involves estate issues, business proceedings, property disputes (e.g. action to quiet title)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Quasi in Rem

A

Permits a court without PJ to determine certain types of disputes between P and D when property is located in the forum state

  • Property is attached for some reason not necessarily involving property itself
  • Court may render judgment as to persons with respect to property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Constitutional Limitations on Personal Jurisdiction - General

A

To be subject to PJ, D must have such minimum contacts with the forum state that exercising jx does not offend traditional notions of fair play and substantial justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Constitutional Limitations on Personal Jurisdiction - Analysis

A

Minimum Contacts, Relatedness, Fairness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Minimum Contacts - What Constitutes Minimum Contacts? (2 Requirements)

A

1) Purposeful Availment: D must purposefully avail herself of forum state’s laws, i.e. reach out in a non-accidental manner

2) Foreseeability: D must know or reasonably anticipate that she could be held accountable for her activities in the forum state`

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Circumstances that May Give Rise to Min Contacts - Website

A

Interactive sites are more likely to have requisite minimum contacts; passive sites less likely

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Circumstances that May Give Rise to Min Contacts - Putting Goods into the Stream of Commerce

A

Manufacturers may be held liable if they could reasonably expect consumers to purchase their products in forum state

  • Mere awareness that component parts may reach forum as part of another product is insufficient
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Circumstances that May Give Rise to Min Contacts - Targeting the Forum State

A

Increasingly, the SCT has equated minimum contacts with a targeting of the forum state. This requires some deliberate activity within and cultivation of the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fairness Factor - General

A

Due process requires that the exercise of jx must be fair (i.e. must not offend traditional notions of fair play and substantial justice)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fairness Factors (3)

A

1) Relatedness of Contacts & Claim: does P’s claim arise from D’s contacts with the forum state?

2) Convenience: Would jx in forum severely disadvantage D? (must be so inconvenient and difficult that D is inherently put at severe disadvantage compared to P

3) State’s interests: Does forum state have an interest in allocating its limited resources to hearing this matter?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Consent - General

A

Express or implied consent by the D can also establish personal jx

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Consent - Forum Selection Clause

A

Most common form of consent

  • Courts enforce these clauses unless the selected forum is remote and alien to the parties/transaction

Note: Ensure that D is a party to the K and the clause falls within the scope of the clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Consent - Waiving the Objection

A

D can also consent to jx by waiving the objection

  • D must raise the objection with their first appearance and litigate it promptly
17
Q

Personal Service - General

A

If D is personally served, they are likely to subject to personal jx within the forum state

Note: Personal jx can be established through personal service even if the D’s presence is transient and unrelated to the suit

18
Q

Personal Service - 3 Recognized Exceptions

A

1) Fraud: a D who is served after being lured into the forum under false pretenses

2) Force: D who is served after being brought involuntarily into the forum by force

3) Witness: A D who is served while responding to a court subpoena

19
Q

Personal Service - 3 Recognized Exceptions

A

1) Fraud: a D who is served after being lured into the forum under false pretenses

2) Force: D who is served after being brought involuntarily into the forum by force

3) Witness: A D who is served while responding to a court subpoena

20
Q

Notice Requirements - General

A

Due process requires that D must be sufficiently notified of a pending lawsuit

21
Q

Notice Requirements - Requirement

A

Notice must be reasonably calculated under the circumstances to apprise interested parties of the pendency of the action and afford an opportunity to be heard