Personal Jurisdiction

Question 1

What is PJ?

Answer 1

Power of GA court over the D’s person or property

Question 2

Ga court will have PJ if two things are true:

Answer 2

1. GA law must grant PJ
2. GA law must be constitutional

Question 3

What are the three bases for PJ in GA?

Answer 3

1. Consent
2. Presence
3. long arm statute

Question 4

What is express consent for PJ?

Answer 4

There is a contract term agreeing to litigate in GA or PJ can otherwise be expressly consented to

Question 5

What is implied consent for PJ?

Answer 5

Failed to object to the exercise of PJ in the first response to the complaint within 30 days of service of process

Question 6

What are the 3 forms of presence?

Answer 6

1. actual
2. Domicile
3. Doing business

Question 7

What is actual presence?

Answer 7

Presence in the state when served with process. Presence cannot be fraudulently induced or be for attending court as a party or witness in an unrelated manner

Question 8

What is domicile?

Answer 8

A natural person is domiciled in GA when GA is their true home with the intent to return to GA

For corporation - principle place of business

Question 9

What acts bring a D in under the long arm statute?

Answer 9

Land, injury resulting from D committing tort, matrimony claims, insurance contract for risk located in GA, and transactions of business in GA. There needs to be a connection to GA and derivation of the suit

Question 10

What is the nonresident motorist act?

Answer 10

provides jx over nonresidents who operate a motor vehicle in GA but only for claims arising from their ownership or operation of the vehicle