Territorial Jurisdiction

Question 1

What is territorial jurisdiction?

Answer 1

The court’s ability to exercise authority over parties, corporations, and property, and hold them to it’s judgments and orders.

Question 2

What is in personam?

Answer 2

Courts jurisdiction on the defendant’s relationship with the forum state

Question 3

What is in rem?

Answer 3

The court’s jurisdiction over property in the forum state. (the property is the subject)

Question 4

What is quasi-in rem?

Answer 4

The court’s jurisdiction over a piece of property used to enforce a judgment over a person or corporation. (Defendant has property in forum state and courts using the property to obtain jurisdiction)

Question 5

What are the three traditional bases for territorial jurisdiction?

Answer 5

1. Domicile
2. Presence
3. Consent

Question 6

What does it mean to be domiciled for a person?

Answer 6

A person is domiciled at the forum state where they live and intend to remain indefinitely

Question 7

What does it mean for a corporation to be domiciled?

Answer 7

A corporation is domiciled in (1) the state they are incorporated, or (2) their principle place of business

Question 8

What is presence?

Answer 8

Service of process is served on the defendant while he or she is physically present at the forum state out of his or her own volition

Question 9

What is express consent?

Answer 9

The defendant can consent to territorial jurisdiction by (1) appearance, (2) registration, or (3) “choice of forum contract”

Question 10

What is implied consent?

Answer 10

The defendant consents to the “benefits and protections of the forum state.”

Question 11

What does a waiver imply?

Answer 11

It implies that territorial jurisdiction can be waived if the defendant responds and does not object to suit nor makes jurisdiction an issue, they give consent

Question 12

What is a special appearance?

Answer 12

A person can make a special appearance for the sole purpose of contesting territorial jurisdiction. (This does not subject the defendant to jurisdiction by appearing or being present in the state)

Question 13

What is a state long arm statute?

Answer 13

The court’s ability to hale into court, a non-resident defendant and hold them to it’s judgment and orders. (The contacts must be relevant, related, fair, and reasonable)

Question 14

What does the long arm statute require?

Answer 14

Requires the defendant to (1) have such minimum contacts within the forum, (2) where general OR specific jurisdiction is present, and (3) the exercise of territorial jurisdiction does not offend the traditional notions of fair play and substantial justice.

Question 15

What is a limited long arm statute?

Answer 15

A limited long arm statute pertains only to certain enumerated causes of action such as torts, contracts, property, and marital dissolution.

Question 16

What is an unlimited long arm statute?

Answer 16

An unlimited long arm statute grants jurisdiction to the fullest extent as allowed by the constitution and Due Process Clause.

Question 17

What are minimum contacts?

Answer 17

Minimum contacts are based on the defendant’s relationship with the forum state to determine if they purposefully availed themselves to the forum such that it would be foreseeable for them to be haled into court there

Question 18

What is purposeful availment?

Answer 18

Means that the defendant purposefully availed himself to the benefits and protections of the forum state.

Question 19

What is foreseeability?

Answer 19

The defendants should have known or reasonably should have known that based on it’s activities within the forum state they could get called into court there.

Question 20

Under relatedness what is general jurisdiction?

Answer 20

The defendant has systematic and continuous activities within the forum state where he is essentially “at home.”

Question 21

Under relatedness what is specific jurisdiction?

Answer 21

The cause of action arose directly out of the defendant’s activities within the forum state.

Question 22

In relation to the Due Process Clause, what is fairness?

Answer 22

The Due Process Clause requires that the exercise of territorial jurisdiction does not offend the traditional notions of fair play and substantial justice.

Question 23

Which five factors does the court use to determine whether it is fair for a defendant to get called into court at the forum?

Answer 23

(1) The burden of the defendant, (2) the plaintiff’s interest in relief, (3) the state’s interest in adjudicating, (4) the judicial’s system interest in obtaining relief, and (5) several state’s shared interest in furthering social policy

Question 24

Under notice, what does due Process require?

Answer 24

Due process requires “notice be reasonably calculated under all circumstances to appraise the interested parties of the pendency of the action and afford them an opportunity to present their objections.”

Question 25

What is required with service of process?

Answer 25

Service of process must be served within 90 days of the complaint being filed by any person who is over the age of 18 years old and not a party to the action

Question 26

What are the three methods of Service of Process?

Answer 26

Service of process may be (1) personally served, (2) papers can be left at the defendant’s residence with a reasonable party of suitable age and discretion who also lives there, or at the defendant’s place of business, or (3) delivered to an agent authorized “by appointment or law” to accept service of process

Question 27

What is the big picture of territorial jurisdiction?

Answer 27

Court has jurisdiction over the individuals