PJ Flashcards
Three types of PJ
In personam, in rem, quasi-in-rem
Due process requirements for PJ
Federal court may not exercise PJ over a D unless the D has minimum contacts with the forum state and the exercise of JX would be fair and reasonable.
Consent
A party may expressly, impliedly, or voluntarily consent to PJ
Defenses to PJ
(1) Lack of JX
(2) Insufficiency of process or service of process (MUST BE ASSERTED IN RESPONSIVE PLEADING OR MOTION)
(3) Failure to object (waives objection)
Bases for in personam JX
(1) Voluntary
(2) Domicile
(3) Consent
(4) Long arm statute
(5) Attachment of property
Minimum contacts - purposeful availment
D’s contacts with forum state must be purposeful and substantial, such that D should reasonably foresee being taken to court there.
General in personam jurisdiction
P can assert any claim whatsoever, even if unrelated to the D’s contacts with the forum state.
Specific in personam jurisdiction
P’s claims must arise out of or be directly related to the D’s contacts with the forum.
State long-arm statute authorizes specific JX based on some minor contacts.
Bases for general in personam JX
(1) Physical service of process while in the state (unless there to answer a summons or brought by fraud/force)
(2) D is domiciled in the state
(3) Consent
General in personam JX against corporations
Can consent just like individuals.
General JX if corp is “at home” in the forum state:
(1) State where incorporated; and
(2) State where principal place of business is located
Federal exceptions to long-arm statutes
All federal rules that extend in personam JX of FEDERAL courts BEYOND state boundaries.
(1) Federal Interpleader Act
(2) Bulge provision
(3) Rule 4(k)(2)
Federal Interpleader Act
Authorizes nationwide service of process, service anywhere in US establishes PJ.
Bulge provision
Allows service anywhere within 100 miles of the federal courthouse, even if in another state, for two situations:
(1) For impleading third-party defendants under Rule 14; and
(2) For joining necessary parties under Rule 19
Rule 4(k)(2) federal exception to long-arms
When the P is suing under federal law and NO state has JX over the D, the fed court can exercise JX so long as the D has sufficient contacts with the US as a whole.
In personam JX over internet website
JX over a nonresident’s website is based on the degree of interactivity between the website and the forum.
Range from passive sites to sites that are integral to D’s business.
In personam JX based on contract
Contracts can be a significant factor in determining whether minimum contacts exists.
Choice of law provisions establish that the nonresident purposefully availed.
In rem jurisdiction
Gives court authority to determine issues concerning rights to real/personal property.
Proceedings against property must still satisfy due-process requirements for PJ and property must generally be present within forum state.
Quasi in rem jurisdiction
Determines only the interests of the parties to the action regarding property located in forum state, and not personally binding against D.
If disputes are unrelated to ownership of property and no close relationship is formed, in addition to having the property located in the forum state, min contacts must be shown between D and forum.
Notice of PJ
Notice must be reasonably calculated, under all the circumstances, to apprise interested parties of pending action and afford them the opportunity to object.
Can be in-person delivery, registered mail, etc., if identity/address is known or obtainable through reasonable efforts.
Waiver of service
P can notify D that an action has been commenced by first class mail and request that D waive service of the summons.
D has 30 days to respond, or 60 if outside US.
