Personal Jurisdiction

Question 1

Personal jurisdiction

Answer 1

Personal jurisdiction is the power or authority of a court to render a judgment that binds the person of the defendant

Question 2

Natural person’s domicile

Answer 2

A natural person’s domicile is the state where he:

1. Physically “resides
2. with the intent to remain there for the indefinite future.

Question 3

International Shoe

Answer 3

Due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.

Question 4

Minimum contacts

Answer 4

1. Purposeful availment
2. Fair play and substantial justice

Question 5

Which four factors has the Supreme Court identified as important in analyzing traditional notions of fair play and substantial justice in the law of personal jurisdiction?

Answer 5

P-FEDS

Plaintiff convenience
Forum interests
Efficiency
Defendant burden
Social policy

The Supreme Court has identified the following factors as important in analyzing traditional notions of fair play and substantial justice in the law of personal jurisdiction:

1. the forum state’s interest in regulating the activity involved or in providing a forum,
2. the relative convenience to the parties in terms of the locations of witnesses and evidence,
3. whether an alternative forum exists, and
4. the avoidance of multiple lawsuits if a single suit would be sufficient

Question 6

Type I vs. Type II quasi in rem

Answer 6

There are two types of quasi in rem jurisdiction:

1. type I, in which the plaintiff’s claim is related to the defendant’s property within the forum state; and
2. type II, in which there is no relationship between the in-state property and the claim. Type II cases frequently fail to survive the due process inquiry.