personal jurisdiction

Question 1

personal jurisdiction generally

Answer 1

court’s ability to exercise authority over parties or their property; must be statutorily authorized and constitutional

Question 2

in personam jurisdiction

Answer 2

jdx over persons

Question 3

in rem jurisdiction

Answer 3

jdx over property or status, including ownership disputes

Question 4

quasi in rem jurisdiction

Answer 4

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

Question 5

minimum contacts

Answer 5

to be subject to PJ, D must have such minimum contacts with the forum state that exercising jdx doesn’t offend traditional notions of fair play and substantial justice

Question 6

minimum contacts requirements

Answer 6

1) purposeful availment, i.e., reach out in a non-accidental manner

2) foreseeability - D must know/reasonably anticipate that they could be held accountable for activities in the forum state

Question 7

PJ fairness factors

Answer 7

1) relatedness of contacts and claim
2) convenience
3) state’s interest

Question 8

forum selection clause

Answer 8

most common form of consent to PJ; enforced unless the selected forum is remote and alien to the parties/transaction

Question 9

notice requirement

Answer 9

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