Personal jurisdiction

Question 1

Personal jurisdiction rule statement

Answer 1

Personal jurisdiction always concerns the defendant. Federal courts generally rely on the long-arm statutes of the states in which they sit. Types of personal jurisdiction include in personam, in rem and quasi in rem. A defendant must have minimum contacts with the forum state such that it is consistent with traditional notions of fair play and substantial justice. PJ CAN be waived. A def waives any objection to PJ by substantial participation on the merits before raising that objection.

Question 2

Due Process requires that a defendant have a minimum contacts with the forum state such that it is _____ with traditional notions of ____ play and _____ justice

Answer 2

consistent with
traditional notions of fair play and substantial justice

did the def purposefully avail himself of the protection of the forum state?

Question 3

Fed courts can assert ____ personal jurisdiction in the following 2 cases

Answer 3

broader
Federal Interpleader Act
Bulge Provision - 100 miles even another state but only for impleading 3rd party def and for joining necessary parties

Question 4

general In personam

Answer 4

the def can be sued on any claim whatsoever even if its unrelated to the def’s contacts with forum state.

Question 5

specific in personam

Answer 5

the long arm statute; only applies to disputes that arise out of the contact with the forum.

Question 6

Bases for general in personam jurisdiction include:
physical \_\_\_\_\_
domocile;
consent;
corporations that are \_\_\_\_

Answer 6

presence;

corporations that are “at home” (the state of incorp and the principle place of business)

Question 7

Under Rule 4(k)(1)(B), a federal court has personal jurisdiction over a third-party defendant, joined under Rule 14, who is served within a U.S. judicial district and not more than 100 miles from the court from where the summons is issued (the federal district court), even if _____ law would otherwise not permit such service.

Answer 7

Under Rule 4(k)(1)(B), a federal court has personal jurisdiction over a third-party defendant, joined under Rule 14, who is served within a U.S. judicial district and not more than 100 miles from the court from where the summons is issued (the federal district court), even if state law would otherwise not permit such service.