Personal Jurisdiction

Question 1

in personam jurisdiction is jurisdiction over

Answer 1

a person

Question 2

in rem jurisdiction is jurisdiction over

Answer 2

property

Question 3

There are four bases for in personam jurisdiction

Answer 3

1. tag jurisdiction
2. domiclie
3. consent
4. minimum contacts

Question 4

Personal jurisdiction is a question over whether

Answer 4

The court has power over the ∆

-will always have power of πbecause they filed

Question 5

Advantage of in personam jursidiction over in rem jurisdiction?

Answer 5

In personam jursidiction binds a judgement to a person (can gov after them wherever) –portable jurisdiction

In rem jurisdiciton only binds a judgment to a person’s property (can only go after property)

Question 6

What is required for tag jurisdiction?

Answer 6

Proper Service and process while ∆ is in the jurisdiction

≠fraud

Question 7

What is required for proper service and process

2

Answer 7

1. serving on the person; or,

2. by sherif of a licensed server

Question 8

Domicile of the defendant in the state occurs when?

Answer 8

∆ lives and intends to remain in N.C.

Question 9

Consent to jurisdiction occurs when

2

Answer 9

1. implied consent

2. overt consent

Question 10

When is implied consent to jurisdiction found?

Answer 10

If you go to court for any purpose other than making a 12(b)(6) motion

≠ special apperances to make 12(b) motion arguing against personal jurisdiction (cannot be tagged either)

Question 11

North Carolina has a nonresident motorist statute, which provides that:

Answer 11

when you drive your car through N.C. you have given consent to personal jurisdiction in N.C. for accidents

Question 12

For purposes of suing and being sued, the residence of a North Carolina corporation, limited partnership, or limited liability company is:
(3)

Answer 12

1) Where it is registered or principal office is located;
2) Where it maintains a place of business; or
3) If neither of the above exist, where the entity is regularly engaged in carrying on business.

Question 13

A North Carolina corporation’s registered agent is

Answer 13

its agent for service of process, notice or demand required or permitted by law to be served on the corporation.

Question 14

Long-arm statute in N.C. give jurisdiction when?

5

Answer 14

1. Any action that occurs in N.C. that results in a wrongful death
2. Solicitation or service activities carried on in N.C.
3. If a defective product is used in N.C.
4. If an act happens outside N.C. but the injury happens in N.C. (post operative complications)
5. In any action for goods or services when the delivery occurs to or from the state or performance of services occurs in the state
6. Anything that does not violate due process
7. Any action for divorce, alimony, or child support that arises from a marital relationship in N.C.

Question 15

an action in rem affects

Answer 15

the property that serves as the jurisdictional basis for the lawsuit.

Question 16

True in rem jurisdiction

Answer 16

An action in rem is not against any one party, but seeks to settle some question as to the res (status, property, or thing)

* “against the entire world”

; by its judgment, the court establishes rights in the property against all potential claimants.

-all claimants are subject to in rem jurisdiciton ≠ personal

Question 17

Quasi in Rem Jurisdiction occurs when?

2

Answer 17

(1) jurisdiction against specific persons to determine rights in property before the court

(settles interest in the property only over particular persons, ≠ entire world)

E.g. basic foreclosure action

2) jurisdiction over a claim not concerning the property, obtained by the attachment of local assets

a plaintiff who sought money damages from a defendant over whom he could not obtain in personam jurisdiction could attach the defendant’s property in the state and use the attachment as a basis for jurisdiction.
-Still need sufficient minimum contacts

Question 18

When N.C. has personal jurisdiction on an in rem basis, what is their power over the parties?

Answer 18

Only has power over the specific claim to property, cannot bring other claims against the party

Question 19

What claims can be brought against you if N.C. only has in rem jurisdiction?

Answer 19

Only claims related to the property or the property as damages

Question 20

jurisdiction over a claim not concerning the property, obtained by the attachment of local assets is only allowed when?

Answer 20

There are sufficient minimum contacts

Question 21

To get personal jurisdiction under minimum contacts in N.C., must anaylze how?

Answer 21

1. get in under the N.C. long arm statute?

2. are their minimum contacts sufficient to afford due process? (fed civ pro)