Personal Jurisdiction

Question 1

definition of PJ

Answer 1

power of the courts over the defendants person or property

Question 2

Illinois Courts have personal jurisdiction if TWO things are true

Answer 2

1) Statutorily authorized (IL law must grant PJ)

2) IL law must be CONSTITUTIONAL

Question 3

Under IL law what are the 3 bases for PJ?

Answer 3

1) Consent
2) Presence
3) Long-Arm Statute

Question 4

What are the general personal jursidiction bases?

Answer 4

1) consent and

2) presence

Question 5

What is the specific PJ jurisdiction bases?

Answer 5

Long-Arm Statute

Question 6

What are the 2 kinds of consent?

Answer 6

1) express

2) Implied

Question 7

Express Consent

Answer 7

Any verbal expression of consent to PJ including forum selection clause in K.

Question 8

What is the most common type of express consent

Answer 8

forum selection clause in K between parties

Question 9

Implied Consent

Answer 9

Defendant failed to object to PJ in FIRST RESPONSE TO COMPLAINT which in IL must be filed w/i 30 days of service of process, but 60 days if waive formal process

Question 10

What are the 3 forms of presence

Answer 10

1) actual, voluntary, physical presence of IL and actually served with process in state
2) defendants domicile
3) “Doing Business”

Question 11

What does domicile mean

Answer 11

Defendants true home and intends to remain or return to that home

1) physical presence
2) intent

Question 12

What does “doing business” mean?`

Answer 12

regular systematic and continuous in state business to be at home in state
- IL gets general jurisdiction over state

Question 13

What does Long-Arm Statute mean

Answer 13

under IL Long-Arm Statutethere is a PJ over a D who performs one of the following acts, so long there is a SPECIFIC connection b/w the act and the lawsuit

Question 14

What is the acronym for IL long-arm statute?

Answer 14

LIMIT

1) Land
2) Injury
3) Matrimony
4) Transaction of Business

Question 15

Land for long-arm statute

Answer 15

Defendant used, owned, or possessed land in IL, from which law suit derives

Question 16

Injury for long-arm statute

Answer 16

Injury in IL from D’s tort (any breach of duty) from which lawsuit derives

Question 17

Matrimony for long-arm statute (sad)

Answer 17

Defendant does act in IL that gives rise to for an action for 
1) separation 
2) Alimony 
3) Divorce 
from which law suit derives 
- SAD

Question 18

Insurance contract for Illinois Long-Arm statute

Answer 18

D enters into an insurance K fr something insured in IL, from which lawsuit derives

Question 19

Transaction of Business for IL Long-Arm Statte

Answer 19

can be a single transaction of business in IL from which lawsuit derives
- term of art for specific jurisdiction

Question 20

Illinois courts also have PJ ?

Answer 20

to the max extent allowed by the constitution

Question 21

Even if IL law grants PJ, IL law must also be

Answer 21

CONSTITUTIONAL

Question 22

When is PJ constitutional

Answer 22

If D engaged in such minimum sufficient contacts that would not be unfair to make D defend in IL

• When defendant has
  1) purposefully availed itself of benefits of IL
  2) and targeted IL consumers from which lawsuit derives

Question 23

what are the key words for PJ to be constitutional

Answer 23

1) minimum sufficient contracts
2) fairness +
a) purposefully availed itself
b) targeted consumers
c) from which lawsuit derives

Question 24

what court looks at for PJ being constitutional

Answer 24

w/e D had minimum sufficient contacts court will consider

1) w/e the D PURPOSEFULLY AVAILED himself to the benefits and protections of state law
2) w/e the D could have reasonably anticipated that his activities within the state could make him amenable to to a law suit within the state
3) w/e the exercise of jurisdiction would offend the traditional notions of fair play and substantial justice