Personal Jurisdiction

Question 1

What are the three types of personal jurisdiction?

Answer 1

1. in personam
2. In rem
3. Quasi in rem

Question 2

What law must the court look to to determine personal jurisdiction?

Answer 2

1. The law of the state in which the district court is located. (e.g. long arm statutes)
2. Must still meet due process requirements for minimum contacts.

Question 3

Can an objection to personal jurisdiction be waived?

Answer 3

Yes. Explicitly or by not following Rule 12(h). An objection to service or jurisdiction must be raised before filing a responsive pleading.

Question 4

What is the due process requirement for personal jurisdiction?

Answer 4

1. Defendant must have required “minimum contacts” that also comport with “fair play and substantial justice”
2. Exercise of jurisdiction must be fair and reasonable.

Question 5

How can the court exercise in personam jurisdiction over a defendant?

Answer 5

1. Service on defendant while present in the state.
2. Defendant is domiciled in the state.
3. By consent or waiver.

Question 6

What is a long arm statute?

Answer 6

A state statute that allows for jurisdiction on an out of state defendant, usually to any extent allowed by due process. Federal court must apply state law to determine personal jurisdiction.

Question 7

For PJ, how is “fair play and substantial justice” determined?

Answer 7

1. Interest of the forum state in controversy
2. The burden on the defendant
3. Interest in efficient resolution of controversies
4. Shared interests of all state in promoting common social policies.

Question 8

For PJ, what constitutes “purposeful availment?”

Answer 8

Defendant’s contacts must be reasonable and substantial such that the defendant could reasonably anticipate being taken to court in that forum.

Question 9

For PJ, what is specific vs. general jurisdiction.

Answer 9

Specific jurisdiction arises when the cause of action arises from the defendant’s conduct in the state, even if that is the only contact with the state.
General jurisdiction arises when the defendant has continuous and systematic contacts with the state.

Question 10

How is the due process requirement satisfied for in rem jurisdiction.

Answer 10

Notice of the action must be “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them the opportunity to be heard”