Personal Jurisdiction Flashcards
Personal Jurisdiction
Authority of a court to exercise judicial power over parties and to force parties to appear
Types of Personal Jurisdiction
3
(1) In Personam
(2) In Rem
(3) Quasi In Rem
Bases for In Personam Jurisdiction
4
(1) Voluntary Presence
(2) Domicile
(3) Consent
(4) IN Long-Arm Statute
In Personam Jurisdiction: Voluntary Presence
If D is voluntarily present within the state of Indiana and is served with process while there, D is subject to PJ in Indiana courts
In Personam Jurisdiction: Domicile
A person who is domiciled in Indiana is subject to PJ in Indiana courts, even if the person is temporarily absent from the state
In Personam Jurisdiction: Consent
Ds may agree to submit to Indiana PJ in various ways
Can be express or implied
Ex: Filing counterclaim
In Personam Jurisdiction: Long-Arm Statute
Authorizes PJ over nonresidents who engage in some activity in IN or cause some action to occur within the state to the extent permissible under the DPC
Due Process Requirements
Satisfied if nonresident D has certain MINIMUM CONTACTS with the forum state such that the maintenance of the action does not offend traditional notions of FAIR PLAY and SUBSTANTIAL JUSTICE
Determining Whether an Indiana Court May Exercise PJ Over Nonresident D on Exam
ASK: Is the exercise of PJ proper under the due process clauses of the Indiana and United States Constitutions?
In Rem Jurisdiction
Gives court the authority to determine issues concerning rights of ALL PERSONS to real or personal PROPERTY
Due Process: Proceedings against property must still satisfy due process requirements for PJ and property must generally be present within the forum state
Quasi In Rem
Determines only the interests of the parties LOCATED IN THE FORUM STATE to the action regarding property, and not personally binding against D
Due Process: Must be assessed for due process purposes using minimum contacts test
