Personal Jurisdiction over things Flashcards
In rem jurisdiction
In rem jurisdiction is the authority of a court to determine issues concerning rights in property, either real or personal. The court generally determines title to the property, and such determination is conclusive as against all potential claimants.
Location of property for in rem jurisdiction to exist
In general, for in rem jurisdiction to exist, the property at issue must be present within the forum state.
How is due process met when parties are disputing property?
Due process is met if the notice is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
Quasi-in-rem Jurisdiction
While a judgment in rem determines the interests of all persons in particular property, a quasi-in-rem judgment determines only the interests of the parties to the action regarding property located in the forum state. Traditionally, the judgment was not personally binding on the defendant, could not be sued upon in any other court, and could not be enforced by seizing any of the defendant’s property other than the property at issue in the quasi-in-rem action.
Does the defendant whose property is subject to the judgment need to have sufficient contacts with the forum state?
In a quasi-in-rem action, as with in rem and in personam actions, the defendant whose property is subject to the judgment generally must have sufficient minimum contacts with the forum state to justify the exercise of personal jurisdiction over the matter.
As a consequence, a quasi-in-rem action either can be pursued as an in personam action due to satisfaction of the minimum contacts test or cannot be brought due to lack of personal jurisdiction over the defendant.
Is there a different test for contacts when the action related to property rights?
When the action directly relates to property rights, such as the foreclosure of a mortgage or other lien, the minimum contacts requirement is satisfied because of the relationship between the claim and the property. Provided the owner of the property is given proper notice and an opportunity to be heard, the judgment is personally binding on the defendant. If the defendant chooses not to appear, the judgment of a federal district court is confined to the property that is the subject of the action.
If property serves as the relief sought and is in another state
When the underlying action does not relate to property rights, but the property instead serves only as the relief sought, such as in a breach of contract action in which the contract does not involve the in-state property, the minimum contacts requirement likely is not satisfied, and the court lacks personal jurisdiction to adjudicate the matter.
Notice and opportunity to be heard
Due process requires that deprivation of property by adjudication be preceded by notice and an opportunity for a hearing appropriate to the nature of the case
Notice for property actions
Due process is met if the notice is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
When identity and address of an interested party is known
If the identity and address of an interested party are known or obtainable through reasonable efforts, then notice through in-person delivery, registered mail, return receipt requested, or some other means likely to notify the particular individual is required.
When identity and address of an interested party is unknown
If the identity or address of an interested party is not obtainable through reasonable efforts, then other means, such as publication of notice in newspapers, may be satisfactory. The constitutional test is, generally, what is reasonable under the circumstances.
Providing notice to several defendants in property actions
The standards are less strict for in rem and quasi-in-rem cases than for in personam cases. When there are multiple defendants, each defendant must be served, but the manner of service will depend on whether their identities and addresses are known or unknown.
What happens if default judgment has been entered against a defendant in an action in one state, and the plaintiff sues to enforce the judgment in another state?
The defendant may collaterally attack the judgment on the basis of lack of personal jurisdiction. If, however, the defendant had both notice and an opportunity to be heard, then a collateral attack on the judgment is not permitted under the doctrine of res judicata
