Personal Jurisdiction - General Info Flashcards
what is pj? (remember you have a rule script for this)
does the court have the power to reach the involuntary party (the defendant)
how do the rules translate for federal and state court
pj is an issue in fed and state court, and rules are generally the same in both
what is the default fed rule for pj
use the state statutes of the states in which they sit “long arm statutes”
what are the 2 questions you must ALWAYS ask for pj?
1) has the bases for exercising pj over an out of state defendant been authorized by statute or by rule of court (long arm)
2)is the particular basis for exercising personal jurisdiction permitted by the Due Process Clause of the US constitution?
how do you answer the due process question in a pj analysis?
due process requires minimum contacts between the defendant and the forum state such that it is consistent with traditional notions of fair play and substantial justice to sue the defendant here
how do you assess minimum contacts
courts look for a purposeful availment by the DEFENDANT of the protections of the forum’s law (not the plaintiff)
what are the (3) types of personal jurisdiction?
- In personam
- In rem
- Quasi in rem
can pj be waived
an objection to a lack of personal jurisdiction CAN BE WAIVED (unlike SMJ). pj can be obtained upon a party’s consent or failure to object
what happens for pj purposes if one voluntary litigates on the merits
substantial participation on the merits before raising an objection waives any objection to lack of pj (a general appearance)
what does substantial participation on the merits mean
includes almost anything other than challenging jurisdiction
when must a lack of pj be raised
first opportunity or it is waived
when is the first opportunity
if defendant chooses to file a pre-answer motion to dismiss she must make the objection then or waive it OR if the defendant does not file a pre-answer motion, must be raised in the answer
