Personal Jurisdiction

Question 1

Exercise of Personal Jurisdiction must meet two tests. What are they?

Answer 1

1. The U.S. Constitutional Limits (due process) and 2. Authorization by statute; for KS this is the long arm statute

Question 2

You do not need authorization by KS Statute if

Answer 2

1. the ∆ is domiciled in Kansas OR 2. π effects personal, in-state service on non-domicilary (called “tag” jurisdiction)

Question 3

When can you not get PJ by personal, in-state service (“tag” service)?

Answer 3

If presence is based on force or fraud; there is also immunity for nonresidents in state for another judicial proceeding

Question 4

KS Long Arm Statute: Two Avenues

Answer 4

1. Specific Jurisdiction; 2. General Jurisdiction

Question 5

KS Long Arm Statute: Specific Jurisdiction

Answer 5

π’s claims must arise contacts with forum state AND constitutionally, ∆ must have minimum contacts with the forum state

Question 6

KS Long Arm Statute: General Jurisdiction

Answer 6

Constitutionally, ∆ must have substantial, systematic, and continuous contacts with the forum state; “essentially at home”

Question 7

Specific Jurisdiction - The Big Three

Answer 7

Transaction of any business in KS
Commission of a tort
Ownership, use, possession of real property in KS

Question 8

Other Specific Jurisdiction Actions

Answer 8

Contracting to insure person, property, or risk in KS
Entering a K w/ a KS resident to be performed (in whole or in part) in KS
Acting as a director/manager/officer of a corporation with (a) incorporation or (b) a place of business in KS
Acting as an executor of estate in KS
Causing injury in KS from an act or omission outside the state if ∆ solicited within KS or products serviced or manufactured by the ∆ were used in KS in ordinary course of trade
Living in a martial relationship in KS, if the other party still resides in KS
Insuring any person for an act that results in judgment in Kansas against that person
Sexual intercourse within KS, if parentage/child support claim
Contracting w/ KS corporation/partnership about transportation or communications managed or operated in KS

Question 9

Specific Jurisdiction - up to the limits of the constitution

Answer 9

Basically, having contact with KS which would support jurisdiction consistent with the constitutions of U.S. and KS.
This essentially collapses the long arm statute and constitutional inquiries for specific jurisdiction.

Question 10

General Jurisdiction

Answer 10

KS courts have PJ over causes of action that did not arise in KS

Question 11

KS Courts have PJ over causes of action that did not arise in KS if…

Answer 11

Language: substantial, systematic, continuous contacts with KS is established that would support jurisdiction consistent with the constitution of the U.S. and of this state.
Basically collapses long arm and constitutional inquiries.

Question 12

Other statutory basis for general jurisdiction in KS

Answer 12

If foreign corporation has filed consent to have Kansas secretary of state be agent for service of process.