Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

court’s power to exercise jurisdiction over parties or property in the case.
*focuses on the state in which the suit has been filed

3 kinds:
1. in personam jurisdiction: over person
2. in rem jurisdiction: over property
3. quasi in rem jurisdiction: over property not involved in suit

Question 2

step 1 in PJ analysis

Answer 2

could a a state court in that state assert PJ over that party?

if yes- then federal court can assert PJ (subject to constitutional consideration)

if no- state court cannot, then federal court cannot

Question 3

step 2 in PJ analysis**

Answer 3

determine whether PJ over a particular D is permissible under the Constitution.

5 ways to constitutionally establish PJ:
(Rarely Causes Severe Mental Anguish)

1. Residency
2. Consent/waiver
3. Service
4. Minimum Contacts
5. “At home” General jurisdiction

Question 4

residency

Answer 4

if a party is a resident (domiciled) in the state where the suit is filed, PJ is constitutional.

-Human beings reside in the states where they live and intent to remain
-A corporation is a resident of the state(s) where it is incorporated and where it has its principal place of business (= headquartered).

Question 5

Consent/waiver

Answer 5

a party can consent to PJ in 3 ways:

1. contract: the D signed a contract with a choice of forum clause*
2. appointment: when a business appoints an agent located in the state to receive process
3. appearance: a party appears in court without objecting to PJ (must object to PJ in initial filing)**

Question 6

service

Answer 6

human defendant is served with process while in the state where the suit is filed

exception: not constitutional if the D was lured into the state under false pretenses, OR, the D was in the state to participate in a different legal proceeding.

Question 7

Minimum Contacts

Answer 7

3 part test (need all 3):

1. the D has established a minimum contact with the forum state
   —Established if the defendant causes harm in the state, does business, or has an interest in real property in the state (must be purposefully established)
2. the claim against the D arises from that contact
   –a lawsuit arises from the D’s contacts if the contacts played a role in causing the lawsuit
3. PJ won’t offend notions of fair play and substantial justice
   —fair play factors:
   -burden on the D
   -forum state interests
   -P’s interest in obtaining relief

Question 8

“At home” general jurisdiction

Answer 8

parties are subject to “at home” general jurisdiction where contacts are so substantial that they are essentially at home
*very high bar to clear