Personal Jurisdiction Flashcards
what is the basic idea of personal jurisdiction?
Personal jurisdiction refers to the court’s power over the PARTIES
why must a court have personal jurisdiction?
a court must have power over the parties to enter a valid judgment.
when does the court have personal jurisdiction over the plaintiff?
the court AUTOMATICALLY has power over the plaintiff because the plaintiff consented to the court’s jurisdiction when they filed suit
what is the analysis of whether there is PJ over a defendant in state court in VA?
it is the same analysis of whether a federal case has jurisdiction!
what is the analysis for whether there is personal jurisdiction over a party?
2 step process!
(1) A Virginia statute MUST be satisfied (there must be a state statute that authorizes PJ); and
(2) the Constitution must be satisfied (minimum contacts analysis)
what is the (2) constitution must satisfied prong of the PJ analysis?
does the defendant have such MINIMUM contacts with the forum so jurisdiction does NOT offend TRADITIONAL NORMS OF FAIR PLAY AND SUBSTANTIAL JUSTICE?
- assessed under set of factors
what factors is the ‘minimum contacts’ test for the (2) constitution must be met for PJ - analyzed under?
a) contact - there must be relevant “minimum contacts” between the defendant and the forum state (assess through 1) purposeful availment; (2) foreseeability
b) relatedness - Does P’s claim arise from or relate to D’s contact with the forum? (if yes - specific juris; if no - proceed to general juris)
c) fairness - assess only for specific pj
1) burden on defendant and witness
2) state’s interest
3) plaintiffs’ interest
when does a court have ‘general’ jurisdiction over a defendant?
if the ‘arise out of or relate to’ test is not satisfied - then proceed with general PJ – where D has substantial contact with the forum state - relatedness is satisfied if he claim merely RELATES TO d’s contact w/ forum
**to have general PJ - the defendant must be “at home” in the forum (domicile)
what is in personam jurisdiction?
in personam jurisdiction is jurisdiction over the defendant themselves (not just over their property)
when do you need in personam jurisdiction?
you need it if you want to reach the defendant’s assets
what is in rem jurisdiction?
in rem jurisdiction is jurisdiction over the defendant’s property in the state!
STEP 1: statutory basis for PJ —> if served with general pj - where can a defendant be sued?
General jurisdiction
- served in VA?
- defendant domiciled in state?
example –> defendant can be sued in state where served with general jurisdiction - for a claim that arose anywhere!
if a defendant (domiciled in VA) is served with process for a VA suit concerning D’s activities OUTSIDE of VA - is personal jurisdiction ok?
yes - statutorily personal jurisdiction is ok because the defendant is DOMICILED in VA and domicile is a basis for general PJ
what is a long arm statute?
a long arm statute provides for SPECIFIC jURISDICTION - not general jurisdiction
what is specific jurisdiction?
specific jurisdicont means that the plaintiff is suing a NONRESIDENT person/entity for something they have done in VIRGINIA OR an effect they have caused in VA
specific jurisdiction - what must the claim arise from?
the claim must arise from the defendant’s doing of one of the following things in VA:
a) causes tortious injury in VA by act or omission in VA
b) causes tortious injury in VA by Act or Omission Out of VA
c) contracts to supply services or things in VA
d) relates to realty in VA
e) transact any business in VA
f) causing injury in VA by breach of warranty where sale was out of state
g) domestic relations cases
a) causes tortious injury in VA by act or omission in VA
D commits a TORTIOUS ACT in Virginia that causes a tortious INJURY in VA (does not matter if parties are from other states)
b) causes tortious injury in VA by Act or Omission Out of VA
(1) tortious injury must occur in VA
(2) but the act or omission that caused it happened OUT OF STATE
**can sue defendant IF:
(a) defendant regularly does or solicits business in VA; or
(b) engages in any other persistent course of conduct from which it derives substantial revenue from goods used in VA
c) contracts to supply services or things in VA
when a party contracts or supplies services or things in VA - it is also a basis for specific PJ.
**tested on both services and things
d) relates to realty in VA
there may be PJ under long arm statute when the defendant has either:
a) an INTEREST in,
b) USES, or
c) POSSESSES realty in VA
**this is BROAD as do not need to own realty!
e) transact any business in VA
VA = “single transaction” state
PJ is ok if the claim arises EVEN FROM JUST ONE business contact with VA
f) causing injury in VA by breach of warranty where sale was out of state
long arm statute authorizes jurisdiction where the defendant causes INJURY IN VA - by breach of warranty and the sale was oUT OF STATE
**this is ok if the seller
(1) could REASONABLY FORESEE effect in VA
(2) AND the seller regularly does or solicits business in VA OR derives substantial revenue from goods consumed in VA
g) domestic relations cases
having maintained a ‘matrimonial domicile’ in VA at the time the claim for divorce or separate maintenance arose OR at the time of separation or at the time suit is filed supports PJ
**there is also jurisdiction for supplemental spousal or child support orders (where OG jurisdiction was in personam)
what is the “Nonresident Motorist Act” (NRMA)?
this allows PJ over the owner or operator of a motor vehicle involved in an accident in VA
what is another basis for jurisdiction besides the NRMA?
PJ under long-arm statute - as the defiant committed a tortious act within VA and cause a tortious injury in VA!
remember - after you have established that there is PJ over defendant under a statutory basis - what is the next step?
see if the Constitution is satisfied - minimum contacts test (does the defendant have such minimum contacts with the forum state such that jurisdiction over the defendant would not offend traditional notions of fair play and substantial justice.
