PJ/Notice/Service of Process (Modules 2-3)

Question 1

Personal Jurisidiction

Answer 1

Does the D have sufficient contacts with the forum state so taht exercise of PJ is fair and reasonable

• core concept is fairness
• must balance state’s interest in protecting its citizens with due process rights

Question 2

Two-Step PJ Analysis

Answer 2

1) State: PJ authorized by state long arm statute?

AND

2) Constitutional: does the D have such minimum contacts with the forum so jx does is allowable; determined by:
- relatedness
- contacts
- fairness

Question 3

State Requirements for PJ (Step 1)

Answer 3

• Federal court must analyze jx as the state court in which it sits
• State statutes usually grant in personam jx if:
  a. D is personally served in forum state
  b. D is domiciled in the state
  c. D consents to jx
  D. D’s act falls within the state’s long arm statute

Question 4

Minimum Contact for PJ (Step 2)

Answer 4

Suff min contacts: contact, relatedness, fairness

Contact
- purposeful availment: D acts within the forum state or targets it

• forseeability: is it foreseeable that D could be sued in this forum

Question 5

Components of Relatedness for PJ

Answer 5

Suff min contacts: contact, relatedness, fairness

• specific jx: claim against D arose from/relating to their instate contacts
• general jx: claim doesn’t arise from contacts; D is “at home” in the forum state

Question 6

Components of Fairness for PJ (Specific PJ Only)

Answer 6

fairness/justice
1) convenience to D; would litigating here put them at a disadvantage (doesn’t apply to GJ bc they’re at home there)

2) state’s interest; does the forum state have an interest in providing redress to their citizen or the outcome of the suit

Question 7

In Personam Jx

Answer 7

In personam - state has jurisdiction over the person based on their contacts with forum

Question 8

In Rem Jx

Answer 8

In rem - state has jx over property

Question 9

Quasi In Rem Jx

Answer 9

quasi in rem - lets court that doesn’t have PJ determine certain types of disputes

Question 10

Notice Requirements

Answer 10

Notice must be rxbly calculated under the circumstances to apprise interested parties of the action

Two Document:
1) Copy of complaint
2) Summons

Question 11

Who Can Serve Process

Answer 11

Any person who is at least 18 and not a party to the action

Question 12

When must process be served

Answer 12

Service must take place within 90 DAYS of FILING the complaint

Can be extended for good cause

Question 13

How can process be served

Answer 13

1) personally service
2) substituted service (usual place of abode with someone of suitable age that lives there)
3) on D’s agent
4) state law methods where either the federal court sits or state where service was served

Question 14

Delivering process to a business/organization

Answer 14

1) deliver to an officer or a managing/general agent
2) any method permitted by state where the fed court sits or state where process is served

Question 15

Waiver of Process

Answer 15

D can waive process which does not waive any defenses; has 30 days to respond to P’s request for waiver

Waiver is effective the day that D files waiver with the court (act as if that was the day D was served)