Personal Jurisdiction

Question 1

what is the basic idea of personal jurisdiction?

Answer 1

Personal jurisdiction refers to the court’s power over the PARTIES

Question 2

why must a court have personal jurisdiction?

Answer 2

a court must have power over the parties to enter a valid judgment.

Question 3

when does the court have personal jurisdiction over the plaintiff?

Answer 3

the court AUTOMATICALLY has power over the plaintiff because the plaintiff consented to the court’s jurisdiction when they filed suit

Question 4

what is the analysis of whether there is PJ over a defendant in state court in VA?

Answer 4

it is the same analysis of whether a federal case has jurisdiction!

Question 5

what is the analysis for whether there is personal jurisdiction over a party?

Answer 5

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)

Question 6

what is the (2) constitution must satisfied prong of the PJ analysis?

Answer 6

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

Question 7

what factors is the ‘minimum contacts’ test for the (2) constitution must be met for PJ - analyzed under?

Answer 7

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

Question 8

when does a court have ‘general’ jurisdiction over a defendant?

Answer 8

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)

Question 9

what is in personam jurisdiction?

Answer 9

in personam jurisdiction is jurisdiction over the defendant themselves (not just over their property)

Question 10

when do you need in personam jurisdiction?

Answer 10

you need it if you want to reach the defendant’s assets

Question 11

what is in rem jurisdiction?

Answer 11

in rem jurisdiction is jurisdiction over the defendant’s property in the state!

Question 12

STEP 1: statutory basis for PJ —> if served with general pj - where can a defendant be sued?

Answer 12

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!

Question 13

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?

Answer 13

yes - statutorily personal jurisdiction is ok because the defendant is DOMICILED in VA and domicile is a basis for general PJ

Question 14

what is a long arm statute?

Answer 14

a long arm statute provides for SPECIFIC jURISDICTION - not general jurisdiction

Question 15

what is specific jurisdiction?

Answer 15

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

Question 16

specific jurisdiction - what must the claim arise from?

Answer 16

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

Question 17

a) causes tortious injury in VA by act or omission in VA

Answer 17

D commits a TORTIOUS ACT in Virginia that causes a tortious INJURY in VA (does not matter if parties are from other states)

Question 18

b) causes tortious injury in VA by Act or Omission Out of VA

Answer 18

(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

Question 19

c) contracts to supply services or things in VA

Answer 19

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

Question 20

d) relates to realty in VA

Answer 20

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!

Question 21

e) transact any business in VA

Answer 21

VA = “single transaction” state

PJ is ok if the claim arises EVEN FROM JUST ONE business contact with VA

Question 22

f) causing injury in VA by breach of warranty where sale was out of state

Answer 22

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

Question 23

g) domestic relations cases

Answer 23

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)

Question 24

what is the “Nonresident Motorist Act” (NRMA)?

Answer 24

this allows PJ over the owner or operator of a motor vehicle involved in an accident in VA

Question 25

what is another basis for jurisdiction besides the NRMA?

Answer 25

PJ under long-arm statute - as the defiant committed a tortious act within VA and cause a tortious injury in VA!

Question 26

remember - after you have established that there is PJ over defendant under a statutory basis - what is the next step?

Answer 26

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.