Personal Jurisdiction Flashcards
Personal Jurisdiction Definition
Personal jurisdiction refers to the ability of a court to exercise power over a particular defendant or item of property
Limitations on Personal Jurisdiction
The exercise of personal jurisdiction must be authorized by state statute and be constitutional
State Statute Limitation to PJ
Each state has its own statute for personal jurisdiction
Constitutional Limitation to PJ
The due process clause of the Constitution places two restrictions on the exercise of personal jurisdiction
1) the defendant must have such contacts with the forum state such that the exercise of jurisdiction would be fair and reasonable
2) the defendant must be given appropriate notice of the action and an opportunity to be heard
Personal Jurisdiction Analysis in Federal Court
Each federal court must analyze personal jurisdiction as if it were a court of the state in which it is located - therefore the assessment is the same in federal and state court
Three Types of Personal Jurisdiction
In Personam - the ability of the court to exercise jurisdiction over a person
In rem - the ability of the court to adjudicate the rights of all persons with respect to a particular item of property
Quasi in rem 1 - when the court has power to determine whether particular individuals own specific property within the court’s control
Quasi in rem 2 - permits the court to adjudicate disputes other than ownership based on the presence of the defendant’s property in the forum
Types of Statutory limits on PJ
Most states have statutes granting their courts in personam jurisdiction in the following four situations:
i. Where the defendant is present in the forum state and is personally served with process;
ii. Where the defendant is domiciled in the forum state;
iii. Where the defendant consents to jurisdiction;
iv. Where the defendant has committed acts bringing himself within the forum state’s long arm statutes
Physical Presence at Time of Personal Service (Tag/Transient)
most states grant their courts in personal jurisdiction over any defendant who can be served with process within the borders of the state, no matter how long he was present, even if merely passing through
Exceptions to Tag Jurisdiction
Fraud - If a plaintiff brings a defendant into a state by fraud or force to serve process, most courts will find that service is invalid
Immunity - most states grant immunity from personal jurisdiction to nonresidents who are present in the state solely to take part in a judicial proceeding, or who are passing through the state on their way to a judicial proceeding elsewhere
Domicile (statutory limits)
Most states grant their courts with personal jurisdiction over persons who are domiciled in the state, even when the defendant is not physically present within the state when served with process
What is Domicile
To be domiciled, the defendant must be at home in the forum
Individual - an individual is domiciled where they have established a physical presence coupled with the intent to make that place their home indefinitely
Corporation - a corporation is domiciled in the state in which it is incorporated and that state in which it has its principal place of business
Consent (statutory limits)
Every state provides for personal jurisdiction through the defendant’s consent
consent may be express or implied through the making of a general appearance
Long Arm Statutes (statutory limits)
All states grant their courts personal jurisdiction over nonresidents who perform or cause to be performed certain acts within the state or who cause certain results within the state by act performed outside the state
Unlimited - some states give their courts power over any person over which the state can constitutionally exercise
Specific - most states have statutes that specify the situations in which the courts can exercise jurisdiction
Constitutional Requirement 1
For the exercise of pj to be constitutional, the defendant must have such minimum contacts with the forum so that maintenance of the suit does not offend traditional notions of fair play and substantial justice.
In determining this, the court considers the factors of contact, relatedness, and fairness
Contact (con req sub 1)
there must be relevant minimum contacts between the defendant and the forum state that the exercise of jurisdiction would be fair and reasonable
the court will consider purposeful availment and foreseeability
Purposeful Availment
The court must find that through the defendant’s contact, the defendant purposefully availed himself to the privileges of conducting activities within the forum state, thus invoking the benefits and protections of its laws
Foreseeability
After finding purposeful availment, the court must find that the defendant must have known or anticipated that his activities would render it foreseeable that he may be haled into court there.
Relatedness (con req sub 2)
Once contact is established, the relatedness of the contact with the plaintiff’s claim will be assessed
If the claim arise from activity in the state - specific jurisdiction
if the claim did not arise from activity in the state - court must find general jurisdiction
Specific Jurisdiction & Relatedness Test
If the plaintiff’s claim arises from or relates to the defendant’s contact with the forum state, then specific jurisdiction is present
If the defendant’s contact with the forum caused the harm to the plaintiff, it is related
If the defendant has substantial contact with the forum state, relatedness is satisfied if the claim merely relates to the defendant’s contacts with the forum
NOTE: if there is specific jurisdiction, you must assess the fairness and reasonableness
General Jurisdiction
If the claim does not arise from or relate to the defendant’s contact with the forum state, the court must find that there is general jurisdiction.
General jurisdiction provides the court personal jurisdiction for any cause of action against the defendant, even if the claim does not relate to the defendant’s contacts with the forum.
General jurisdiction may be available when (1) the defendant has registered to do business and appointed an agent for service of process, or (2) is at home in the state (domiciled)
Fairness (con req sub 3)
For the exercise of specific jurisdiction, the court is required to find that the exercise does not offend traditional notions of fair play and substantial justice
Fairness Factors (PJ)
1- whether the forum is so gravely difficult and inconvenient that the defendant is put at a severe disadvantage (relative wealth of parties is not considered)
2-the forum state’s legitimate interest in providing redress for its citizens
3- the plaintiff’s interest in obtaining convenient and effective relief
Constitutional Requirement 2
In addition to minimum contacts, due process also requires the a reasonable method be used to notify the defendant of a pending lawsuit so that she may have an opportunity to appear and be heard
Test for Notice
notice must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections
What notice consists of
two documents - a summons and a copy of the complaint
who can serve process
any person who is at least 18 years of age and not a party to the action (includes the parties’ attorneys)
When must process be served
If the defendant is to be served within the US, service must take place within 90 days of the filing of the complaint. This period may be extended for good cause.
Ways to serve an individual in the US
Personal service
Substituted Service
Service on Agent
State Law Methods
Personal Service
process is given to the defendant personally
substituted service
substituted service can be done only:
1- at the defendant’s usual place of abode
2- with someone of suitable age and discretion
3- who resides there
NOTE - may be used even if personal service is possible
Service on Agent
process can be delivered to the defendant’s agent if receiving service is in the scope of the agency
NOTE - may be used even if personal service is possible
State Law Methods of Service
Methods for serving process that are permitted by the state law where (1) the federal court sits or (2) where service is made
Ways to Serve a Business in US
A business or organization may be served by
1 - delivering to an officer or a managing or general agent a copy of the summon and complaint; or
2- using a method permitted by the state where (1) the federal court sits or (2) where service is made
Service on a Minor or Incompetent in US
may be made only by a method permitted by the law of the state in which service is to be made
Service on Parties in a Foreign Country
a method allowed by international agreement
if no agreement exists, by:
1- as direct by the American court
2- Method allowed by the foreign country’s laws
3- method directed by foreign official in response to a letter of request (letter rogatory) from the American court
4- personal service in foreign country
5- Mail sent by the CLERK of the American court, requiring signed receipt
Waiver of Service of Process
A plaintiff may request the defendant to waive service of process
to request a waiver, plaintiff must mail the defendant
1- a copy of the complaint
2- two copies of the waiver form
3 - a prepaid means of returning the form
Time limit to waive process
If the defendant executes and mails the waiver form to the plaintiff within 30 days (60 if defendant is outside US) from the date that the request was sent, she waives process
Effect of a Waiver
A defendant who waives process has 60 days (90 if outside US) from the date the request was sent to answer the complaint (instead of 21 days)
When Waiver is Effective
the waiver is effective when the plaintiff files the signed waiver form in court
for timing purposes, the defendant is treated as being served on the day the plaintiff filed the waiver form in court
Penalty for failing to waive
If the defendant does not waive process, the plaintiff must formally serve him - but the defendant is liable for the costs of such service if he does not have good cause for failing to waive
Proving Service of Process
unless service is waived, the process server files a report with the court detailing how service was made
the failure to file this report does not affect the validity of service
Immunity from service
if the plaintiff uses fraud or force to make the defendant to enter the state to be served
if the defendant is within the state to appear in another action
