Personal Jurisdiction Flashcards
What are the three types of personal jurisdictions?
In Personam Jurisdiction, In Rem Jurisdiction, Quasi In Rem Jurisdiction
In Personam Jurisdiction focuses on the person, while In Rem Jurisdiction focuses on property, and Quasi In Rem Jurisdiction may involve property but is tied to personal jurisdiction.
What is In Personam Jurisdiction?
Courts have power over a person regardless of the person’s location or the person’s property location
It grants the court the ability to offer a wide range of orders/remedies against an individual that can be enforced in other jurisdictions.
What is a statutory limitation for establishing In Personam Jurisdiction over a defendant?
Personal Service: if the defendant can be personally served within state boundaries
It does not matter how long the defendant has been within the state.
True or False: Hiring an attorney to file a limited notice of appearance constitutes voluntary consent to Personal Jurisdiction.
False
Filing a motion to dismiss does not act as voluntary consent to Personal Jurisdiction.
True or False: P can trick D to come into the state by fraud only to serve him?
FALSE. However, if you legally bribe someone as apposed through fraud, then personal servie is valid.
True or False: D is traveling thru the forum state to get to another state?
FALSE
Ex. they happen to stop by a McDonalds on their way
How is domicile established for In Personam Jurisdiction?
if the D is resident of the forum state then PJ exists even if D is served in diff state.
Also called Place of Permanent Home.
Think Capacity or Incapacity
Domicile establishes In Personam Jurisdiction even if the defendant is served in a different state.
What are factors for establishing domicile?
- Intent to make a home
- Owning a homestead
- Building or improving the property
- Having family come over to the property
- Driver’s license
Children cannot be sued under domicile because they lack capacity.
What constitutes expressed consent in establishing In Personam Jurisdiction?
By contract or appointment of an agent
Consenting by terms of a K or local governments can be appointed to serve as agents for PS.
What is implied consent in the context of Personal Jurisdiction?
If the state has substantial reason to regulate the in-state activity of a non-resident.
Non-residents must appoint a state agent for personal service, creating In Personam Jurisdiction.
What is a Long-Arm Statute?
Establishes that In Personam Jurisdiction is based on defendant’s actions in the forum state or actions outside the state with results in the forum state
Long-Arm Statutes can be unlimited or limited based on the context of the defendant’s actions.
What’s Consalo’s Constitutional Due Process Rule?
whether there are sufficient minimum contacts bw D and forum state and does not offend traditional notions of fair play and substantial justice
Minimum Contacts arises if plaintiff has met the burden of proving that defendant…
has sufficient minim contacts directed at the forum state.
What is Purposeful Availament?
Defendant’s contacts with forum states must not be accidental (on purpose)
Exception:
Where the D goes only to the state for completely diff lawsuit
Or D goes to state based on fraud (tricked)
What is the difference between specific and general jurisdiction?
- Specific Jurisdiction: claim arises from the defendant’s in-state activities
- General Jurisdiction: claim arises in the state where the defendant is domiciled
Specific Jurisdiction focuses on activities connected to the claim, while General Jurisdiction applies to any lawsuit against a domiciled defendant.
What is the ‘relatedness factor’ in Personal Jurisdiction?
Whether the claim asserted against the defendant arises out of or relates to the defendant’s contacts with the forum
If related, the court is more likely to find that jurisdiction is fair and reasonable.
What does the term ‘minimum contacts’ refer to?
The defendant’s connections with the forum state must not be accidental and must satisfy two factors: Purposeful Availment and Foreseeability
Minimum contacts establish whether it is fair to require the defendant to defend a lawsuit in that state.
Fill in the blank: Personal Service is always going to satisfy the _______.
notice requirement
Personal Service ensures that the defendant is properly notified of the lawsuit.
What happens if a registered agent fails to notify the defendant of the lawsuit?
It will not suffice for notice
The defense can argue that the failure of the agent to notify constitutes a defense.
What must be considered in evaluating the convenience to the defendant regarding Personal Jurisdiction?
Whether it is so gravely difficult and inconvenient that a party is unfairly put at a severe disadvantage
This is assessed on a case-by-case basis.
What is the ‘stream of commerce’ test in Personal Jurisdiction?
It examines whether the defendant purposefully availed themselves of the forum state through their actions
The court considers if simply placing an item into commerce is sufficient for establishing jurisdiction.
What is the significance of foreseeability in Personal Jurisdiction?
Whether it was foreseeable that the defendant’s contacts with the forum state would bring them into the forum for a lawsuit
Foreseeability focuses on whether the defendant had notice that they might be sued in that state.
What does ‘traditional notions of fair play and substantial justice’ refer to?
The requirement that exercising jurisdiction does not offend traditional notions of fair play and substantial justice
Courts evaluate factors such as convenience, the forum state’s interest, and the plaintiff’s interest.
What is the role of notice and opportunity to be heard in Personal Jurisdiction?
It ensures that the defendant has been properly notified and has the chance to respond to the lawsuit
This is essential for upholding due process rights.
