personal jurisdiction cases and rules

Question 1

five circumstances where a state law will be constitutional if it authorizes pj

Answer 1

1) residency
2) consent
3) service
4) minimum contacts
5) substantial business

Question 2

what constitutes residency?

Answer 2

if the def is domiciled in the forum

Question 3

when is a person domiciled in a forum?

Answer 3

1) resides in that jurisdiction AND

2) has expressed her intent to remain in that jurisdiction indefinitely

Question 4

how can a person expressly consent to pj?

Answer 4

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

Question 5

what makes service of process constitutional?

Answer 5

if a def is physically present in the jurisdiction and served with process while present

Question 6

does it matter for service of process if the def presence is temporary or unrelated to the suit?

Answer 6

NO

Question 7

what must the def presence be?

Answer 7

voluntary

Question 8

3 conditions to satisfy for minimum contacts

Answer 8

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

Question 9

when does a def have min contact with a state?

Answer 9

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)

Question 10

what does purposeful availment involve?

Answer 10

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.

Question 11

by purposefully availing oneself, what is the party deemed to have?

Answer 11

foreseeability of the possibility of being haled into court in that state

Question 12

what does the defendant bear the burden of proving if they have minimum contacts with the forum?

Answer 12

that it would be fundamentally unfair for him to litigate in that state in order to avoid the court’s personal jurisdiction (Burger King)

Question 13

what are the 5 factors that courts consider when determining whether it is fair to require the defendant to litigate in the forum (WWV)

Answer 13

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

Question 14

what generally drives the analysis and must be quite substantial for a court to reject pj on the basis of fairness?

Answer 14

the burden on the def

Question 15

what must a business be to establish substantial business?

Answer 15

“at home”

Question 16

what is “at home” for a business?

Answer 16

where it is incorporated and where it has its principle place of business (Daimler)

Question 17

how did the Supreme Court limit the scope of specific pj in the area of businesses?

Answer 17

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)

Question 18

where are the formal requirements of a summons set out?

Answer 18

in Federal Rule 4

Question 19

how must a summon be served?

Answer 19

with a copy of the complaint. Unless both the complaint and summons are served on the def at the same time.

Question 20

how many day must service of process occur by?

Answer 20

90 days of filing the complaint

Question 21

what happens if the plaintiff does not timely serve the def?

Answer 21

the court must dismiss the suit without prejudice unless the plaintiff can show good cause why service was not timely.

Question 22

who may service be effected by?

Answer 22

1) at least 18 years of age

2) not a party of suit

Question 23

how is process served?

Answer 23

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

Question 24

if the person is a natural person how else can they be served?

Answer 24

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

Question 25

if the def is a corp, association or partnership, who can receive the summons?

Answer 25

1) an officer
2) a managing agent or general agent
3) any other agent authorized by appointment of by law to receive process.

Question 26

if the agent is authorized by law and the law requires service by mail what else must happen?

Answer 26

process must be served by personal delivery to the agent and by mail.