Personal Jurisdiction Flashcards
General jurisdiction: personal jurisdiction over D for…
Any case that can be brought against them in that forum
Minimum contacts
A nonresident defendant’s forum-state connections, such as business activity or actions foreseeably leading to business activity, that are substantial enough to bring the defendant within the forum-state court’s personal jurisdiction without offending traditional notions of fair play and substantial justice
Basic principles of personal jurisdiction: 4
D may waive an objection to a court’s lack of power over them.
Put differently, D can consent to personal jurisdiction.
Basic principles of personal jurisdiction: 3
A court has personal jurisdiction over P who has filed the lawsuit because P has invoked the court’s jurisdiction and thus has waived any objection to the court’s power over them.
Basic principles of personal jurisdiction: 2
If the forum does not have power over D or their property, any order entered by the court is void.
Basic principles of personal jurisdiction: 1
Forum must have power over D or their property to enter orders that bind D.
Where to sue? (Personal jurisdiction)
- Subject matter jurisdiction
- Personal jurisdiction
- Proper venue
General jurisdiction
A court’s authority to hear all claims against D, at the place of D’s domicile or the place of service, without any showing that a connection exists between the claims and the forum state.
- The state court is exercising in personam jurisdiction to hear a claim that does not arise out of or relate to D’s contacts with the forum state.
Specific jurisdiction
Jurisdiction that stems from D’s having certain minimum contacts with the forum state so that the court may hear a case whose issues arise from those minimum contacts.
- A court’s exercise of personal jurisdiction to hear a claim related to, and arising out of, D’s voluntary contacts with the forum state.
The framework for personal jurisdiction (International Shoe)
- Specific jurisdiction
- General jurisdiction
Transient/tag jurisdiction
Personal jurisdiction over D who is served with process while in the forum state only temporarily.
You can establish power when…
- a person has property in a state and
- when you have attached the property.
- NOTE: property must be within state and attached at the beginning of the lawsuit.
Personal service
You find D within the borders of the forum state.
- personal service within the state’s boundaries establishes power over D.
Quasi in rem jurisdiction
The action is begun by seizing property owned by (attachment) the defendant, within the forum state.
- Somebody owns land in the forum state. Attaching that piece of land at the beginning of lawsuit but the lawsuit is not about the land.
- The thing seized is a pretext for the court to decide the case without having jurisdiction over the defendant’s person.
- Any judgment only affects the property seized, and the judgment cannot be sued upon in any other court.
In rem jurisdiction
gives the court power to adjudicate a claim made about a piece of property or about a status.
- A procedure by which a court located in the same state as the property could enter a judgment disposing of that property – by seizing it at the outset of the lawsuit.
- Somebody owns a piece of land. Attaching that land at the beginning of lawsuit and the lawsuit is about who owns the land.
In personam jurisdiction
personally handing lawsuit to D within forum state’s boundaries.
- gives the court power to issue a judgment against the defendant personally.
- To obtain jurisdiction over a nonresident D, P must arrange to have D personally served with process within the borders of the state in question.
The 3-piece regime (Pennoyer)
- In personam jurisdiction
- In rem jurisdiction
- Quasi in rem jurisdiction
What is personal jurisdiction?
A state’s ability to assert power over D in a civil lawsuit.
Also: whether the court has jurisdiction to decide a case between the particular parties, or concerning the property, before it.
