Personal Jurisdiction

Question 1

What are the three types of jurisdiction?

Answer 1

1. In personam jurisdiction
2. In rem
3. Quasi in rem

Question 2

In general, what must be considered in determining whether In personam jurisdiction is valid?

Answer 2

1. Statutory Limitations
   (i) D is present in jdxn while personally served
   (ii) D is domiciled in forum state
   (iii) D gives express or implied consent to jdxn
   (iv) long-arm statute
2. Constitutional Limitations - “does D have sufficient minimum contacts w/ the forum so that exercise of jdxn does not offend traditional notions of fair play and substantial justice?”
   (i) minimum contacts = “purposeful availment” + “foreseeability”
   (ii) fairness = “relatedness” + “convenience” + “state’s interest”

Question 3

With regards to “in personam jdxn” what is the issue with regards to “relatedness”?

Answer 3

If claim is related to D’s contacts w the state –> court is likely to find that jdxn as to that claim is fairly and reasonable (Specific jdxn)

If claim is NOT related to D’s contacts w the state –> there must be GENERAL JDXN
- In this case the entity must be “at home” in the state

Question 4

With regards to in personam jdxn, what does it mean for a person to be at home in a state?

a corporation?

What is the effect?

Answer 4

Person –> where they are domiciled

Corporation –>

1. where incorporated; and
2. where ppb is located

EFFECT –> court has jdxn over ANY matter, it does not require specific contact

Question 5

With regards to in personam jdxn and minimum contacts, what is the rule for stream of commerce cases?

Answer 5

In general –> “purposeful availment” + “foreseeability” is required for a finding of min contacts

Will gen be satisfied if:

1. placed product in stream +
2. some other act to show intent to serve particular state

Question 6

With regards to in personam jdxn and minimum contacts, what is the rule for an internet website?

Answer 6

Maintenance of a passive website (for information only) without more activity in forum –> insufficient for GENERAL jdxn, but MAY be sufficient for specific jdxn if they are targeting readers in that forum

If “active” website –> may be general jdxn if D is “at home” in the state