Personal Jurisdiction

Question 1

3 requirements of PJ

Answer 1

1. Constitutional hook
2. Long arm statutes
3. proper service

Question 2

3 types of constitutional PJ

Answer 2

1. Specific Jurisdiction
2. General Jurisdiction
3. Transient Presence

Question 3

Test for Specific Jurisdiction

Answer 3

1. Minimum contacts
2. arises out of
3. fair and reasonable

Question 4

Test for general jurisdiction

Answer 4

1. continuous and systematic

2. domicile

Question 5

2 requirements for proper service

Answer 5

1. constitutional

2. statute/rule

Question 6

What constitutional concept regulates personal jurisdiction?

Answer 6

Due Process

Question 7

test for transient presence

Answer 7

1. voluntary physical presence
2. personal service
3. otherwise fair

Question 8

is transient presence constitutional?

Answer 8

yes, but we don’t really know why. stevens just really likes the idea of it

Question 9

What determines the domicile under general jurisdiction?

Answer 9

Individuals - domicile (Milliken v. Myer)

Corporations - PPB/Incorporation; or where they are “at home” in a state

Question 10

What is Quasi in rem Type 1 under general jurisdiction?

Answer 10

jurisdiction over property for purpose of declaring parties’ ownership or interests

Question 11

What is Quasi in rem Type 2 under general jurisdiction?

Answer 11

jurisdiction over property for purposes of providing a remedy in an unrelated action

Question 12

In Persom (Pennoyer)

Answer 12

1. personal service

2. D must be in state

Question 13

In Rem (Pennoyer)

Answer 13

1. property in state

2. must be attached before judgment

Question 14

Define minimum contacts

Answer 14

Defendant initiated that show they purposely availed themselves to be subject to personal jurisdiction in that state

Question 15

Define Arising out of

Answer 15

Evidence Test - D’s contacts offer evidence for at lease one of the elements of the claim

But For Test - But for D’s contacts with the forum, the claim would not have arisen

Question 16

Can a contract count as a contact?

Answer 16

Yes. Burger King; look to 1. prior negotiations,
2. contemplated future consequences,
3. terms of contract,
4. parties actual course of dealings,
(lack of forum selection clause isn’t outcome determinative, but its helpful)

Question 17

How do we determine if specific jurisdiction is reasonable and fair?

Answer 17

World Wide Volkswagen fairness factors:

1. Burden on the defendant
2. forum state’s interest
3. plaintiff’s interest in convenient forum
4. interstate judicial system’s in efficient resolution of controversy (where are witnesses and evidence)
5. shared interest of the several states in furthering substantive social policies

Question 18

Does transient presence exist for corporations?

Answer 18

Negative ghost rider

Question 19

If personal service is unavailable, what can P do?

Answer 19

courts must craft a constitutional substitute to provide actual notice to Ds when other methods are unfruitful (Baidoo v. Blood: facebook service for divorce)

Question 20

Does service have to be the most effect method of service? is social media sufficient?

Answer 20

No. and courts are split on the social media issue so it should be argued in court

Question 21

True or False: Parties can waive or consent to PJ

Answer 21

True

Question 22

What happens if D refuses to waive service of process?

Answer 22

P must formally serve but then D must pay the fees for it. FRCP 4(d)

Question 23

When does the clock stop in federal court for statute of limitations? what rule?

Answer 23

after filing the complaint (might be different in state courts) FRCP 3.

Question 24

How can a party consent to PJ?

Answer 24

1. forum selection clauses
2. showing up to argue the suit (not showing up to argue PJ)
3. registering to do business in the state (BUT SCOTUS hasn’t officially ruled on this)

Question 25

4(k)(1)(A)

Answer 25

due process limits jurisdiction. it does not give jurisdiction. It is given by long are statutes