Personal Jurisdiction Beginnings

Question 1

Personal Jurisdiction

Answer 1

The authority of a court to make a defendant appear and defend the action. A court typically has personal jurisdiction if there’s a long arm statute and the Constitution permits it.

Question 2

Fourteenth Amendment

Answer 2

A state may not deprive a person of her property without due process.

Question 3

In Personam Jurisdiction

Answer 3

The authority of a court over the defendant. If a court has this, it can take any of the defendant’s assets to satisfy a judgment against him.

Question 4

In Rem Jurisdiction

Answer 4

The authority of a court over the defendant’s land in the state in which the defendant was sued. Courts can attach the property, sell it and give it to the plaintiff if he won

Question 5

Full Faith and Credit Clause of the Constitution

Answer 5

State courts must honor in personam judgements of other states, meaning a prevailing plaintiff can take her in personam judgements to the state where the defendant is and that state must enforce it

Question 6

In Personam v. In Rem Jurisdiction

Pennoyer v. Neff

SCOTUS 1878

Answer 6

A court has in personam jurisdiction over an out-of-state defendant only when the defendant was visiting the state and could be served there or voluntarily appears in the court. A could has in rem jurisdiction over the property of an out-of-state defendant only when the suit is about the property.

Question 7

Consent and Presence

International Harvester Co. v. Kentucky

SCOTUS 1914

Answer 7

States began to make businesses consent to personal jurisdiction in the state to operate, but SCOTUS questioned the constitutionality if this. It said states had personal jurisdiction over businesses that were “present” in the state, and they were present when they carried on business in the state. This eventually evolved into general jurisdiction.

Question 8

Implied Consent

Hess v. Pawlosky

SCOTUS (1927)

Answer 8

A state law may say that a non-resident driver gives implied consent to personal jurisdiction in that state by driving on the state’s highways.

Question 9

Domicile

Milliken v. Meyer

SCOTUS (1940)

Answer 9

Domicile was enough to confer personal jurisdiction on someone, even if they are not served in the state.

Question 10

Continuous and Systematic Presense and Contacts

International Shoe Co. v. Washington

SCOTUS (1945)

Answer 10

A company not present on a state opens itself up to being sued for unpaid state taxes when it has a continuous and systematic presence in the state. If the company has minimal contacts in the state, it doesn’t violate the notions of fair play and substantial justice in the due process clause

Question 11

Specific Jurisdiction

Answer 11

In personam jurisdiction exists when the claim arises from the defendant’s deliberate contact with the state.

Question 12

General Jurisdiction

Milliken v. Meyer

Answer 12

In personam jurisdiction exists when the company operates continuously and substantially in the state. In other words, the company is effectively at home in the state.

Question 13

Objecting to Jurisdiction

Answer 13

Objecting to jurisdiction must be done early.

Question 14

Collateral Challenge

Answer 14

The defendant appears in the enforcing court and contends that the original court’s judgment was invalid for lack of personal jurisdiction and should not be enforced.