Personal Jurisdiction Flashcards
What are the three types of personal jurisdiction?
1) In personam
2) In rem
3) Quasi in rem
How does a federal court decide whether it has personal jurisdiction?
A federal court will look to state jurisdictional statutes to determine if it has personal jurisdiction over the parties before it.
When does a federal district court have national personal jurisdiction?
1) Federal statutory interpleader actions
2) Under the “bulge provision” a federal court has personal jurisdiction over a party who is served not more than 100 miles from where the summons is issued
3) The plaintiff’s claims are based on federal law, no state court can exercise jurisdiction, and the defendant has “minimum contacts” with the United States.
What are bases for in personam jurisdiction?
1) The defendant is voluntarily present in the forum state and is served with process while there.
2) A court has jurisdiction over a person who is domiciled in the state in which the court is located.
3) The party has consented (expressly or impliedly).
When are due process requirements for in personam jurisdiction satisfied?
In general, due process requirements are satisfied if the nonresident defendant has sufficient minimum contacts with the forum state such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.
When does someone have minimum contacts with a state?
To warrant the assertion of in personam jurisdiction, a defendant’s contacts with the forum state must be purposeful and substantial, such that the defendant should reasonably anticipate (foresee) being taken to court there.
When are due process requirements for in rem jurisdiction satisfied?
Due process is met if the notice is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
What happens if someone doesn’t receive notice of an in rem proceeding?
Any absent defendant who does not personally receive notice may set aside the judgment at any time within one year of the final judgment.
What is an in rem proceeding?
A judgment in rem determines the interests of all persons in particular property.
What is a quasi in rem proceeding?
A quasi-in-rem judgment determines only the interests of the parties to the action regarding property located in the forum state.
When are due process requirements for in rem jurisdiction satisfied?
Due process is met if the notice is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
When are due process requirements for a quasi in rem jurisdiction satisfied?
The defendant whose property is subject to the judgment generally must have sufficient minimum contacts with the forum state to justify the exercise of personal jurisdiction over the matter.
What due process is required for a deprivation of property action?
Due process requires that deprivation of property by adjudication be preceded by notice and an opportunity for a hearing appropriate to the nature of the case.
