Personal Jurisdiction

Question 1

Personal jurisdiction involves the ability of the court having subject matter jurisdiction over a ______________.

Answer 1

particular defendant or item of property

Question 2

The exercise of personal jurisdiction must be authorized by ________ and be __________.

Answer 2

statute and constitution

Question 3

What are the three types of personal jurisdiction?

Answer 3

In personam

In rem

Quasi in rem

Question 4

What are the two restrictions the Due Process Clause places on the exercise of personal jurisdiction?

Answer 4

(1) The defendant must have minimum 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.

Question 5

TRUE or FALSE:
A state statute is needed to grant the court the power over the parties. Without it, the court will not have personal jurisdiction.

Answer 5

TRUE

Question 6

The first place to look to determine whether the court has properly exercised personal jurisdiction usually is ______.

Answer 6

State law

Question 7

What is in personam jurisdiction?

Answer 7

In personam jurisdiction exists when the forum has power over the person of a particular defendant.

Question 8

Why is personal jursidction over the plaintiff not usually problematic?

Answer 8

Jurisdiction over a plaintif is generally not an issue because the plaintif accedes to the court’s jurisdiction by bringing suit in that court

Question 9

What does ‘full faith and credit’ mean?

Answer 9

Derives from Article 4, Section I of the Constitution: says that state courts must respect the laws and judgments of courts from other states.

Question 10

What is the ‘bulge provision’?

Answer 10

Creates personal jurisdiction over third-party defendants if served within a 100-mile radius of the federal court.