personal jurisdiction Flashcards
definition of PJ
POWER of the court over the defendants person or property
when does the federal court have personal jurisdiction (need 2 things)
1) Statutorily authorized: law of forum state must itself give grant of personal jurisdiction AND
2) Constitutional
The “forum in federal court:
in absence of statute that expressly grants personal jurisdiction, federal courts merely apply same personal jurisdiction law of state where it sits
What are the 3 bases for PJ of state forum?
1) consent
(a) express
(b) implied
2) presence and
3) Long-Arm statute
what are the 2 types of consent?
Express consent
Implied consent
Express consent
any verbal expression of consent to PJ including choice of forum clauses in K among parties
Implied Consent
defendant fails to object to PJ in proper and timely manner
When must defendant include objection to PJ?
D MUST include objection in 1st response of complaint which must be filed within 21 days of service or 60 days if waiver
What are the 2 types of PJ bases for general jurisdiction
1) consent and
2) presence
What is the 1 type of bases for specific jurisdiction?
Long-Arm Statute
What are the 3 forms of presence
1) actual, voluntary and physical presence of D in forum state while served with process
2) domicile (d’s true home and intent to return or remain)
3) D engaged in REGULAR, and SYSTEMATIC AND CONTINUOUS business in state as to “BE AT HOME IN THAT STATE”
When can federal courts assert PJ under the long arm statute of the state where the court sits?
when it provides SPECIFIC PJ over defendants who do SPECIFIC act in state which gave raise to specific law suit filed.
Even if the forums own law grants PJ, the assertion of the forum’s PJ must also be…
CONSTITUTIONAL
When is PJ constitutional? (2 things)
1) minimum sufficient contacts and
2) fairness
PJ is constitutional if
D engaged in such minimum contacts that would not be unfair to defend lawsuit in that forum
