Personal Jurisdiction

Question 1

What is personal jurisdiction?

Answer 1

The court’s power over the parties in the case

Question 2

What are the two distinct requirements for asserting jurisdiction

Answer 2

amenability and notice

Question 3

What is amenability?

Answer 3

Whether the defendant is subjected to being sued in the forum state

Question 4

What is notice?

Answer 4

Whether the defendant had proper notice of the suit

Question 5

Who decides the amenability and notice for a forum state and what is it subject to?

Answer 5

The forum state decides its own jurisdiction subject to the limits of the Due Process clause of the US Constitution

Question 6

What is the due process clause?

Answer 6

a constitutional provision that protects people from the government depriving them of life, liberty, or property without following certain procedures.

Question 7

What are the four types of personal jurisdiction created in Pennoyer v. Neff?

Answer 7

1) In personam jurisdiction
2) In rem jurisdiction
3) quasi in rem jurisdiction

Question 8

What is personam jurisdiction and where is it enforceable?

Answer 8

It is the court’s authority and judgement over a defendant (according to Pennoyer the person must be within the state during the crime and given due process in that state). It is enforceable throughout the entire United States due to the full faith and credit clause

Question 9

What is the full faith and credit clause?

Answer 9

state courts respect the laws and judgments of courts from other states

Question 10

What is in rem jurisdiction and where is it enforced?

Answer 10

the court’s judgment over a property that is located within its territory. It is enforceable only in forum state where the property is located

Question 11

What is quasi in rem jurisdiction and where is it enforced?

Answer 11

If someone has property in that forum state, it gives that state jurisdiction over unrelated claims. It is enforceable only in the forum state where the property is located up to the value of the property. It is unconstitutional now.

Question 12

What did Hess v. Pawloski say?

Answer 12

You consent to the state’s jurisdiction while using their resources in that state, which is implied consent

Question 13

What is the flowchart of amenability

Answer 13

1) The traditional basis for jurisdiction
2) Long arm statute
3) Minimum contacts test
4) Fair play and substantial justice test

Question 14

What are the traditional basis for jurisdiction? How many do you need in order to have jurisdiction? What do you do if you have none?

Answer 14

1) Residence in the forum
2) Implied or expressed consent to jurisdiction
3) Physical presence in the forum when served with process
4) Waiver of objection to jurisdiction
If you have any of these, you have jurisdiction, if not, then go to the minimum contacts test

Question 15

What is a long arm statute?

Answer 15

A state statute extending jurisdiction over nonresidents who have had contacts with such state

Question 16

Why do you still have to go through minimum contacts test after the long arm statute

Answer 16

A long arm statute is a form of implied consent, but implied consent alone isn’t enough to stop at the traditional basis, so you would need to move onto minimum contacts

Question 17

What is specific jurisdiction?

Answer 17

jurisdiction where the claim arises from contacts in the forum

Question 18

What is general jurisdiction?

Answer 18

Jurisdiction over a defendant in a suit not arising out of or relating to the defendant’s contacts with the forum

Question 19

What case created the minimum contacts test?

Answer 19

International Shoe co. v. Washington

Question 20

What is the minimum contacts test and what two types of contacts does it look at?

Answer 20

It is a long arm statute/state law that specifies the circumstances in which the state will have personal jurisdiction over non-residents
There are specific contacts and general contacts

Question 21

What case made summons allowed to be mailed to the defendant?

Answer 21

International shoe v. Washington

Question 22

How many contacts to a forum state is enough?

Answer 22

Even one contact is enough if it is of sufficient quality

Question 23

What are specific contacts?

Answer 23

purposeful availment test (also used like foreseeability), foreseeability (reasonably foreseen that you could go to court), reasonable anticipation (used the same as foreseeability in the court), stream of commerce (not really used anymore)

Question 24

What are general contacts?

Answer 24

Continuous and systematic contacts such that defendant is essentially at home in the forum

Question 25

What happens if there are no general or specific contacts?

Answer 25

Then there is no jurisdiction

Question 26

What happens if there is specific or general contacts?

Answer 26

Then you move on to the five factor Fair Play and Substantial justice test

Question 27

There has never been an example of someone essentially being at home in a state without ________

Answer 27

having headquarters or corporations there

Question 28

What are the five factors of the fair play and substantial justice test?

Answer 28

1) The burden on the defendant
2) The plaintiff’s interest in convenient and effective relief
3) The forum state’s interest
4) The shared interests of several states in furthering fundamental social policies
5) The judicial system’s interest in effective resolution of controversy

Question 29

What is a forum contract clause?

Answer 29

A party may consent to the jurisdiction of a forum by assenting to a contractual choice of forum term, which allows contract parties to grant jurisdiction to handle disputes between the parties

Question 30

In order to have business in a state what must you do?

Answer 30

You must register with the state and appoint an agent so that they can be served with notice instead of you and have jurisdiction over you

Question 31

What is internet jurisdiction?

Answer 31

The court held that advertising over the Internet counted as “solicitation of business,” and that it was constitutional to exercise jurisdiction based on the defendant’s use of the internet and toll-free number to conduct business within the forum state

Question 32

What is the zippo test (full description)?

Answer 32

It is a test for assessing whether minimum contacts have been created by the creation and maintenance of a website
Completely passive sites aka posting something available for others to see- no specific jurisdiction
interactive websites- gives you a contact but might not be specific jurisdiction
contracts with residents of a foreign forum involving the knowing and repeated transmission of computer files over the internet- specific jurisdiction

Question 33

Property cannot be the ______ of jurisdiction

Answer 33

base, jurisdiction needs to be over the people that own the property, not the property itself. In rem jurisdiction must satisfy the minimum contacts test and the fair play and substantial justice test

Question 34

What is transient presence in the forum?

Answer 34

you can have jurisdiction based on temporary physical presence in the forum

Question 35

What does the notice prong of personal jurisdiction govern?

Answer 35

(1) the content of the notice documents
(2) the manner of delivery to the defendant

Question 36

What are the two components of notice?

Answer 36

Forum law and due process

Question 37

Service must be accomplished consistent with __________ and forum law’s manner of notice must comply with ________

Answer 37

forum law
due process

Question 38

What is the rule of law for notice?

Answer 38

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.

Question 39

When are the only times it is okay to use publication notice?

Answer 39

With unknown parties or known parties with unknown wherabouts

Question 40

What is the federal notice law concerned with the methods of serving process on defendants in federal court?

Answer 40

Federal rule 4

Question 41

What are the six requirements for a form of summons?

Answer 41

be (1) signed by the clerk, (2) have the court’s seal, (3) identify the courts and parties, (4) state the name and address of the plaintiff’s attorney, or plaintiff if pro se, (5) state the time in which the plaintiff must appear and defend, (6) notify plaintiff that failure to appear will result in a default judgment for the stated amount in the complaint

Question 42

How is notice issued under rule 4(b)?

Answer 42

It is issued by the clerk after preparation by the plaintiff and issued to each defendant separately

Question 43

What does rule 4(C) say about service generally?

Answer 43

What is served —the summons and a copy of the complaint are served
together on the defendant.
(2) By whom —any person who is at least 18 years old and not a party, or
(3) By a Marshal or someone specially appointed by the court.

Question 44

How can serving an individual be done in the U.S. under rule 4(e)?

Answer 44

1) under the local state’s service law (including long arm), or under the state law
where the service occurs
(2) by any of the following:
(A) delivering a copy of the summons and of the complaint to the individual
personally;
(B) leaving a copy at the defendant’s dwelling or usual place of abode with
someone of suitable age and discretion who resides there; or
(C) service on defendant’s appointed agent