Personal JX

Question 1

Types of Personal JX:

Answer 1

In personam JX
In rem JX
Quasi in Rem JX

Question 2

Personal JX must be established:

Answer 2

separately for each defendant.

Question 3

Basis for in personam JX:

Answer 3

1) Defendant is domiciled in the forum JX
2) Defendant is physically present in the JX and served with process while present.
3) Defendant consents, either express or implied, to JX in the forum state.
4) Defendant waives objections to PJ (fails to make a motion to dismiss for lack of PJ)
5) Defendant has systematic and continuous contacts with forum state.
6) The claim arises out of or is related to the defendant’s presence in the forum state and the exercise of JX is authorized by the state’s long-arm statute.

Question 4

For a state to exercise PJ over an out-of-state defendant, it must be authorized by:

Answer 4

a state statute and the exercise of JX over that defendant must be constitutional.

Question 5

Long-arm statutes place limitations on the state’s ability to establish:

Answer 5

PJ by setting out the types of contacts that will support jurisdiction.

Question 6

Types of contacts that establish PJ for a defendant include:

Answer 6

conducts business in the state; contracts to supply goods and services within the state; or the defendant owns, uses or possesses any real property within the state.

Question 7

For the assertion of JX to be constitutional, the defendant must:

Answer 7

1) have received notice
and
2) established sufficient minimum contacts within the forum state

Question 8

Minimum contact analysis - allows PJ over an out-of-state defendant if:

Answer 8

The defendant has purposefully availed itself to the privilege of conducting activities within the forum state.

It must be foreseeable that the defendant’s conduct and connection with the forum state are such that he should reasonably anticipate being haled into court there.

Question 9

In rem JX is based on:

Answer 9

the interests of a particular piece of property.

It exists if:
There is real or personal property of value;
The property is located within the state where the federal district is located;
The court must seize the item;
and the owner of the property must have received proper notice.

Question 10

Quasi in Rem JX is based on:

Answer 10

Actions in which the attachment of real or personal property is part of the relief requested.

Question 11

Requirements for Quasi in Rem JX:

Answer 11

There is real or personal property of value located within the state or territorial limits of the federal court;
The defendant owns the property;
The property is being attached or seized; and
The defendant has been provided proper notice.

Question 12

The court may not exercise quasi in rem JX UNLESS:

Answer 12

there are minimum contacts with the forum state or territory.

Question 13

If the dispute (in quasi in rem) concerns the parties’ rights in the property itself, the presence:

Answer 13

of the property in the state will provide sufficient minimum contacts