Personal Jurisdiction vocabulary Flashcards
What is the first thing you need to look for to establish personal jurisdiction?
the four bases
what are the 4 traditional bases?
1) domiciled in the forum state
2) receives service of process while physically present
3) consents to personal jurisdiction in the forum expressly or implicitly by conduct.
4) waves their objection for lack of personal jurisdiction expressly or by substantial participation on the merits
types of in personam
1) general- action does not relate to contact but it is continuous and systematic
2) specific (continuous and systematic contact within forum and cause of action arises from the contact)
what is general jurisdiction?
defendant can be sued in the forum state for a claim arising anywhere in the world.
what is specific jurisdiction?
defendant can be sued in the forum on a claim that he has connection with the forum. Cause of action arises out of defendant’s contacts with the forum state or actually arises in the forum
what are the types of personal jurisdiction?
1) in personam
2) In Rem
3) quasi in Rem
what is in rem?
A court exercises its power to determine the status of property located within its territory, and the determination is binding with respect to all possible interest holders in that property. Jurisdiction to adjudicate claims involving property rights of entire world.
what is quasi in rem?
limited to the value of property may be used to satisfy judgement and thus subject to the court’s authority. The dispute gives rise to a proceeding in quasi-in-rem may or may not be related to the property. BINDS ONLY THE PARTICULAR PARTIES.
what may the property be used for in quasi in rem?
to satisfy any judgement assessed in the action
what is QIR 1?
property is the source of the dispute
what is QIR 2?
dispute unrelated to property (property may be used as payment though)- payment is limited to the value of the property
what is a special appearance?
A procedure that allows a defendant to come into the forum for the sole purpose of challenging the court’s jurisdiction.
what is a limited appearance?
Allows a defendant in an action commenced on QIR basis to appear for the limited purpose of defending his interest in the attached property without submitting to the court’s exercise of full personal jurisdiction.
what is a collateral attack?
Challenge to the enforcement of a judgement typically arguing that the rendering court lacked jurisdiction.
when can a collateral attack take place?
1) can’t attack the merits of the case
2) if you don’t appeal or lose your appeal and get final judgement
