personal jurisdiction cases and rules Flashcards
(26 cards)
five circumstances where a state law will be constitutional if it authorizes pj
1) residency
2) consent
3) service
4) minimum contacts
5) substantial business
what constitutes residency?
if the def is domiciled in the forum
when is a person domiciled in a forum?
1) resides in that jurisdiction AND
2) has expressed her intent to remain in that jurisdiction indefinitely
how can a person expressly consent to pj?
1) by agreement with the other party (contract)
2) engaging in a particular activity that the state has substantial interest in regulating (driving on public roads)
3) waiving her objection to PJ
what makes service of process constitutional?
if a def is physically present in the jurisdiction and served with process while present
does it matter for service of process if the def presence is temporary or unrelated to the suit?
NO
what must the def presence be?
voluntary
3 conditions to satisfy for minimum contacts
1) defendant must have established a minimum contact with forum
2) the claim against the def must be related to the contact
3) must not offend traditional notions of fair play and justice
when does a def have min contact with a state?
1) he causes harm in state
2) does business in the state
3) has an interest in real property in the state
4) needs to be purposefully established (WWV)
what does purposeful availment involve?
actions that are directed towards a particular state. a few involves himself in transactions within the state receives the benefits and privileges of that state’s laws.
by purposefully availing oneself, what is the party deemed to have?
foreseeability of the possibility of being haled into court in that state
what does the defendant bear the burden of proving if they have minimum contacts with the forum?
that it would be fundamentally unfair for him to litigate in that state in order to avoid the court’s personal jurisdiction (Burger King)
what are the 5 factors that courts consider when determining whether it is fair to require the defendant to litigate in the forum (WWV)
1) burden on the def
2) interest of the forum state
3) plaintiff’s interest in obtaining relief
4) interstate judicial system’s interest in efficiency and
5) shared policy interests of states
what generally drives the analysis and must be quite substantial for a court to reject pj on the basis of fairness?
the burden on the def
what must a business be to establish substantial business?
“at home”
what is “at home” for a business?
where it is incorporated and where it has its principle place of business (Daimler)
how did the Supreme Court limit the scope of specific pj in the area of businesses?
in order for a court to exercise specific jur one a claim, there must be a connection between the forum and the underlying controversy- in essence or an occurrence takes place in the forum. (Goodyear)
where are the formal requirements of a summons set out?
in Federal Rule 4
how must a summon be served?
with a copy of the complaint. Unless both the complaint and summons are served on the def at the same time.
how many day must service of process occur by?
90 days of filing the complaint
what happens if the plaintiff does not timely serve the def?
the court must dismiss the suit without prejudice unless the plaintiff can show good cause why service was not timely.
who may service be effected by?
1) at least 18 years of age
2) not a party of suit
how is process served?
on the defendant (whether natural person or corp) by following the manner prescribed by the state court in the state where the def is served
if the person is a natural person how else can they be served?
1) personally delivering the process to the def himself, wherever he may be
2) leaving process at the def’s usual place of abode with a person of suitable age and discretion who resides there
3) serving the def’s registered agent
