PJ

Question 1

Three types of PJ

Answer 1

In personam, in rem, quasi-in-rem

Question 2

Due process requirements for PJ

Answer 2

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.

Question 3

Consent

Answer 3

A party may expressly, impliedly, or voluntarily consent to PJ

Question 4

Defenses to PJ

Answer 4

(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)

Question 5

Bases for in personam JX

Answer 5

(1) Voluntary
(2) Domicile
(3) Consent
(4) Long arm statute
(5) Attachment of property

Question 6

Minimum contacts - purposeful availment

Answer 6

D’s contacts with forum state must be purposeful and substantial, such that D should reasonably foresee being taken to court there.

Question 7

General in personam jurisdiction

Answer 7

P can assert any claim whatsoever, even if unrelated to the D’s contacts with the forum state.

Question 8

Specific in personam jurisdiction

Answer 8

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.

Question 9

Bases for general in personam JX

Answer 9

(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

Question 10

General in personam JX against corporations

Answer 10

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

Question 11

Federal exceptions to long-arm statutes

Answer 11

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)

Question 12

Federal Interpleader Act

Answer 12

Authorizes nationwide service of process, service anywhere in US establishes PJ.

Question 13

Bulge provision

Answer 13

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

Question 14

Rule 4(k)(2) federal exception to long-arms

Answer 14

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.

Question 15

In personam JX over internet website

Answer 15

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.

Question 16

In personam JX based on contract

Answer 16

Contracts can be a significant factor in determining whether minimum contacts exists.

Choice of law provisions establish that the nonresident purposefully availed.

Question 17

In rem jurisdiction

Answer 17

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.

Question 18

Quasi in rem jurisdiction

Answer 18

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.

Question 19

Notice of PJ

Answer 19

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.

Question 20

Waiver of service

Answer 20

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.