Personal Jurisdiction

Question 1

What is a long-arm statute

Answer 1

a State statue that enumerates or lists the conditions in which a states court has personal jurisdiction over non residents as long as the constitution allows i.e.:
This states court may exercise personal jurisdiction over any non resident as to a cause of action arising from any of the following: . . .

Question 2

Rule 4(k)(1)(A)

Answer 2

Personal jurisdiction exists over a defendant subject to jurisdiction of a court of jurisdiction in the state where the district court is located - - a federal court can usually exercise personal jurisdiction over a defendant only if the courts of the state in which the federal court sits could do so.

Question 3

How far does the personal jurisdiction of federal court extend?

Answer 3

As far as the state court of the state that it sits in.

Question 4

What is the Federal Long Arm Provision

Answer 4

Rule 4(k)(1)(A)

Question 5

What provides an exception to Rule 4(k)(A)(1)?

Answer 5

Rule 4(k)(1)(c)

Question 6

What does Rule 4(k)(1)(c) do?

Answer 6

Allows the federal court to exercise broader jurisdiction when the court is authorized to under a federal statute.

Question 7

When can a court exercise personal jurisdiction (2)

Answer 7

1. A long arm provision authorizes it and
2. personal jurisdiction is constitutional

Question 8

What is the Federal Rule of Civil Procedure 4(k)(1)(A) - usual case.

Answer 8

Federal court pretends it is a state court. If the state court “across the street” could assert jurisdiction, then so can the federal court. MUST consider both the STATE’S long arm statute and the ability of the state under the 14th amendment to reach the defendant.

Question 9

Constitutional limits: 5th amendment Due Process

Answer 9

Broader scope of constitutional personal jurisdiction for federal courts only applies in special cases, not the usual cases governed by 4(k)(1)(A)
Fifth Amendment: No person shall…be deprived of…property, without due process of law…