Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

The courts power to exercise its judicial authority over a particular defendant

Question 2

The three basis for personal jurisdiction?

Answer 2

1. Traditional
2. Statutory
3. Constitutional

Question 3

When does the court have traditional basis of jurisdiction ?

Answer 3

1. When the defendant resides in the forum state
2. Defended consented to jurisdiction
3. Defendant was served in the forum state

Question 4

What is the definition of statutory base of jurisdiction ?

Answer 4

Jurisdiction based on a states long arm statute. The statute usually incorporates the tradition basis of jurisdiction as well as what circumstances the state will have jurisdiction.

Question 5

Constitutional basis of jurisdiction ?

Answer 5

Even if jurisdiction is proper under the states long arm statute, it must comply with limitations of the due process clause.

Those limitations require that the defendant has

1. sufficient minimum contacts with the state, that exercising jurisdiction does not offend the notion of
2. Fair play and substantial justice

Question 6

A defendant is said to have minimum contact with the state when?

Answer 6

1. They purposeful availed themselves to laws of the forum state, and
2. It’s foreseeable they would be haled into court

Question 7

Purposeful availed means?

Answer 7

The defendant has availed herself to the privilege of conducting activities in the forum state, thus invoking the benefits and protections of the forum state.

Question 8

What are the three ways the court has held that the notion of fair play and substantial justice isn’t offended ?

Answer 8

1. The claim is related to the defendants claim with the forum state;
2. The defendant has systematic or continuos contact with the forum state; or
3. A forum is not inconvenient for the defendant

If time permits on exam I should go into all three

Question 9

What are additional factors for the state to redress the pj for the resident ?

Answer 9

1. State interest

2. Plaintiffs interest