Personal Jurisdiction

Question 1

Three Types

Answer 1

in personam, in rem, and quasi-in-rem jurisdiction

Question 2

Long Arm Statute

Answer 2

a federal court will look to state long-arm statutes to determine if it has personal jurisdiction over the parties

Question 3

Due Process

Answer 3

federal courts may not exercise personal jurisdiction over a defendant unless the defendant has “minimum contacts” with the forum state and the exercise of jurisdiction would be fair and reasonable

Question 4

Defenses

Answer 4

lack of jurisdiction, insufficiency of process or service of process must be asserted in the responsive pleading (or motion before it is submitted)

and failure to object waives the objection