Personal Jurisdiction and Notice Flashcards
What are the key elements of due process protection in personal jurisdiction?
Defendant’s right not to be dragged into an unfair forum, the right to notice, and opportunity to defend
Which amendments make up the Due Process Clause and what are their meanings
5th and 14th. Defendant has right to not have person jurisdiction asserted by a state or the federal system in such a way as to deprive of life,liberty, or property without due process
What are the 3 types of personal jurisdiction and their definitions
In personam– a judgement against a person and his/her assets
In rem– property located in a state’s territory
Quasi-in-rem– judgement against a person but with recovery limited to the value of property attached within the territory at the beginning of the case, and thus subject to the court’s authority
What are long arm statutes
Allows for states to have jurisdiction over non-resident defendants
What is the federal equivalent to long arm statutes?
a federal statute creating a cause of action either has its own service provision and long arm or plaintiff must borrow the long arm of the state where the court sits
What does rule 4(k)(1) say?
Territorial Limits of Effective Service
Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:
a) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district is located; b) who is a party joined under Rule 14 or Rule 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or c) when authorized by a federal statute
What does rule (4)(k)(2) say?
Federal Claim Outside State-Court Jurisdiction
For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:
a) the defendant is not subject to jurisdiction in any state's courts of general jurisdiction; and b) exercising jurisdiction is consistent with the United States Constitution and laws
What questions must be asked when analyzing personal jurisdiction?
Does the long arm reach the defendant by its terms? (read and analyze the long arm)
Does the assertion of jurisdiction under this long arm violate the due process rights of the defendant under these particular circumstances?
If long arm does not reach there is no further inquiry.
If long arm does each, the assertion of jurisdiction under the circumstances of the case could still violate due process
What are the traditional methods of Personal Jurisdiction (from pennoyer)
Defendant is served with process in the forum (had temporary presence) Defendant’s agent was served in the forum, defendant is domiciled in the forum, defendant consented to jurisdiction
What is domicile?
Residence in the state + intent to remain. If D is served and domiciled in that state, court has jurisdiction
What impact does Residence have
Court has jurisdiction in the state of D’s residence
What is the Scalia test for Temporary Presence
Presence + Service
What is the Brennan Test for temporary presence
minimum contacts + reasonableness
Minimum contacts
What impact does temporary presence have?
If D is served while in the state, aside from a few exceptions, court has jurisdiction
What are the exceptions to temporary presence
If defendant is brought to forum by fraud
If defendant is brought to forum to participate in litigation
What is transient presence as it relates to temporary presence
does not matter why or how long D was in the forum state
What is the effect of consent?
defendant can consent to the assertion of PJ over him/her/it
What is Express Consent? and what is a common way to get it
D has expressly consented to PJ being asserted over him. Typically defendant signed a contract with a Forum Selection Clause
What are the stipulations of a FSC in a contract?
Prima facie valid unless D can show it is unreasonable.
Must be REALLY unreasonable, like a plae so remote and unconnected to the parties
Most Parties never agree to have a FSC cover torts
What is an implied consent
Consent to jurisdiction is implied by statute
What did the Hess case give us on implied consent
In Hess defendant drove on highway in another state and got into wreck. Traveling on roads implied consent to the jurisdiction
What is waiver in personal jurisdiction
Defendant can waive due procces protection by engaging in conduct the reveals no intention to claim those rights
What are the three types of waiver
Contract, conduct, and statute
What is contract as it applies to waiver and PJ
due process rights are individual and can be waived by giving them up in a contract– through an exclusive forum selection clause
