Personal Jurisdiction

Question 1

Due Process

Answer 1

federal court may not exercise PJ over a defendant unless the defendant has sufficient minimum contacts with the forum state.

Question 2

Consent to Personal Jurisdiction

Answer 2

Express, Implied, or voluntary appearance.

Question 3

In Personam jurisdiction

Answer 3

Power a court has over an individual party

Question 4

Voluntary presence

Answer 4

D is voluntarily present in the forum state and served with process? court has personal jurisdiction.

EXCEPT:

1. P fraudulentlty brought D into the state for the purpose of serving him
2. D is merely passing through the state to attend other judicial proceedings.

Question 5

Long-Arm Statute

Answer 5

Authorizes Personal Jurisdiction over nonresidents who engage in some activity in state or cause some action to occur within the state to the extent permissible under the Due Process clause

Question 6

Attachment of Property

Answer 6

if the claim is not related to ownership of the attached property, then there must be minimum contacts b/w D and forum state to establish PJ.

Question 7

Minimum contacts (purposeful availment)

Answer 7

D’s contacts with forum state must be purposeful & substantial such that D should reasonably anticipate being taken to court there.

Question 8

Specific Jurisdiction

Answer 8

Cause of action arises out of or closely relates to a D’s contact with forum state even if that’s the only contact.

Question 9

General Jurisdiction

Answer 9

cause of action doesn’t arise out of or relate to D’s contact with the forum state, PJ is only warranted when D is “at home” in the forum state.

Question 10

Fair play and substantial justice

Answer 10

Once minimum contacts are established, a court must still examine the facts to determine if maintenance of the action would offend traditional notions of fair play and substantial justice.

• interest of forum state adjudicating matter
• Burden on D of appearing in case
• Interest of judicial system in efficient resolution of controversies
• Shared interests of the states in promoting commons social policies

Question 11

In Rem Personal Jurisdiction

Answer 11

gives the court the authority to determine issues concerning rights to real and personal property

Question 12

Quasi in rem

Answer 12

determines the interests of the parties to the action regarding property located in the forum state (like lien foreclosure or quiet title action) and not personally binding against D.

Question 13

Notice

Answer 13

Must be reasonably calculated to apprise interested parties of pending action and afford them the opportunity to object

Question 14

Form of Notice

Answer 14

in-person delivery, registered mail if identity/address is known

Question 15

opportunity to be heard

Answer 15

for defendant whenever there is state-sponsored interference with a D’s property interest.