Personal Jurisdiction Flashcards
To enter a valid judgment, a court must have power over…
the parties.
Personal jurisdiction analysis is the same in…
federal and state court. So whether a federal court in State X has PJ
over D is assessed exactly the same way as whether a
state court in State X would have PJ. No difference.
The court automatically has power over the _________, because she invoked jurisdiction.
plaintiff
Is the analysis different depending upon whether the case will go to federal court or to state court?
No, it is the same in both.
Whether there’s PJ is a two-step process:
- Satsify a Virginia statute
- Satisfy the constitution
- In personam* is jurisdiction is over…
- PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
the defendant (not her property).
What are the two statutory bases for in-personam jurisdiction in Virginia?
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
- Defendant is a nonresident, but is served with process for a Virginia suit while present in Virginia.
- This is okay statutorily because the defendant was present in Virginia when he was served with process.
- Defendant is domiciled in Virgnia, but is served with process for a Virginia suit concerning his activities outside of Virginia.
- This is okay statutorily because the defendant resides in Virginia.
To satisfy the Virginia long-arm statute, the claim must arise when the defendant does one of the following things in Virginia:
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
- Causes tortious injury instate by act or omission instate
- Causes tortious injury instate by act or omission out of state
- Contracts to supply services or things in Virginia
- Has an interest in, uses or possesses realty in Virginia
- Transacts any business in Virginia
- Causing injury in Virginia by breach of warranty where sale was out of state.
- Domestic relations
Virginia’s first long-arm provision, “causes tortious injury instate by act or omission instate,” requires that the defendant do what?
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
Both the tortious act and the resulting injury must have occurred in Virginia.
Virginia’s second long-arm provision, “causes tortious injury instate by act or omission out of state,” requires that the defendant do what?
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
- Commit a tortious act (or omission arising to a tortious act),
- for which the plaintiff’s injury occurs in Virginia, and
- the defendant:
- regularly does or solicits business in Virginia, or
- (engages in any other persistent course of conduct from which it derives substantial revenue from goods used in Virginia.
Virginia’s third long-arm provision, “contracts to supply services or things in Virginia,” requires that the defendant do what?
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
Commit an act that results in a claim by the plaintiff arising from a goods and/or services contract.
Virginia’s fourth long-arm provision, “has an interest in, uses or possesses realty in Virginia” includes what caveats?
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
- Has to be land, i.e. real property
- The nonresident defendant need not own the land, he just has to use it, possess it, or have an interest in it.
- WATCH OUT FOR THIS!
Virginia’s fifth long-arm provision, “transacts any business in Virginia.” includes defendants who…
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
have even just one business contact in Virginia. So if the defendant signs a contract in Virginia, he is subject to PJ.
(this is called a “single transaction” state)
Virginia’s sixth long-arm provision, “Causes injury in Virginia by breach of warranty where sale was out of state.” includes defendants who…
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
could reasonably foresee effect in Virginia and regularly does or solicits business, or derives substantial revenue from goods consumed in Virginia.
(this is not common to show up on the exam)
Virginia’s seventh long-arm provision, “domestic relations,” includes defendants who…
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
- Maintained a matrimonial domicile in Virginia at the time of:
- the claim for divorce,
- separate maintenance, or
- separation arose, or
- at the time suit is filed.
Virginia’s seventh long-arm provision, “domestic relations,” also provides jurisdiction for..
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
supplemental spousal or child support orders where original jurisdiction was in-personam under the in-personam statute.
(this is not common to show up on the exam)
The third statutory basis for PJ is the Non-Resident Motorist Act. (NRMA) What does this act hold?
-
PJ
-
Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Statutory Analysis
Courts have personal jurisdiction over the owner or operator of a motor vehicle involved in an accident in Virginia.
NRMA cases will typically also fall under…
Long-Arm Provision 1.
Causing tortious injury instate by act or omission instate.
(examiners will give you extra credit for mentioning stuff like this)
What is the constitutional standard test for personal jurisdiction?
Does defendant have “such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?”
What must we ask to satisfy the constitutional requirement for personal jurisdiction?
-
PJ
- Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
- Constitutional Analysis
- Statutory Analysis
Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?
What are the three elements for satisfaction of minimum contacts?
-
PJ
- Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Constitutional Analysis
- Minimum Contacts
- Statutory Analysis
- Contact
- Relatedness, and
- Fairness.
For contact to be satisfied, there must be…
-
PJ
- Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Constitutional Analysis
-
Minimum Contacts
- Contact
- Relatedness
- Fairness
-
Minimum Contacts
- Statutory Analysis
relevant contact between the defendant and the forum state.
What are the two factors assessing contact?
-
PJ
- Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Constitutional Analysis
-
Minimum Contacts
- Contact
- Relatedness
- Fairness
-
Minimum Contacts
- Statutory Analysis
- Purposeful Availment
- Foreseeability
What is purposeful availment?
-
PJ
- Statutory Analysis
- In-personam statute
- Long-arm statute
- NRMA
-
Constitutional Analysis
-
Minimum Contacts
-
Contact
- Purposeful Availment
- Foreseeability
- Relatedness
- Fairness
-
Contact
-
Minimum Contacts
- Statutory Analysis
Potter can’t always be a Protagonist
Purposeful availment is when the defendant purposefully availed herself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.
