VA Civ Pro

Question 1

What is personal jurisdiction?

Answer 1

Court’s power over the parties. A court must have power over the parties to enter a valid
judgment. It automatically has power over the plaintiff, because
she consented to the court’s jurisdiction when she filed suit. So the question is whether there is PJ over a defendant.

Question 2

What is In personam jurisdiction?

Answer 2

jurisdiction over the defendant

Question 3

What is the PJ analysis?

Answer 3

1) state statutory authority
2) constitutional (minimum contacts) analysis

• same as in federal civ pro

Question 4

If nonresident is served with process in Virginia, is PJ OK?

Answer 4

PJ is OK because the defendant was present in Virginia when served with process. Does this support general PJ? Yes. So the defendant can be sued in Virginia for a claim that arose anywhere.

Question 5

Is PJ OK if defendant is domiciled in Virginia?

Answer 5

Yes, PJ is OK because the defendant is domiciled in Virginia. Domicile is also a basis for general PJ.

Question 6

What is the long arm statute?

Answer 6

Provides specific jurisdiction. Plaintiff is suing a nonresident person or entity for something she or it has done in Virginia or an effect she or it has caused in Virginia.

Question 7

Under the long arm statute, the claim must arise from defendant’s doing what?

Answer 7

a) Causes Tortious Injury in Virginia by Act or Omission in
Virginia
b) Causes Tortious Injury in Virginia by Act or Omission Out
of Virginia
c) Contracts to Supply Services or Things in Virginia
d) Relates to Realty in Virginia
e) Transacts Any Business in Virginia
f) Causing Injury in Virginia by Breach of Warranty Where
Sale Was Out of State
g) Domestic Relations Cases

Question 8

What does the Nonresident Motorist Act (“NRMA”) allow?

Answer 8

Allows PJ over the owner or operator of a motor vehicle involved in an accident in Virginia. Is there another basis of jurisdiction? Yes, under the
long arm statute - a tortious act in Virginia causing a tortious injury in Virginia.

Question 9

What is subject matter jurisdiction?

Answer 9

The court’s power over a
the case

Question 10

Can state courts hear any case?

Answer 10

State courts can hear any case except those for which there
is exclusive federal question jurisdiction (which are rare; for example, some antitrust and securities claims, patent infringement).

Question 11

What are the trial courts in VA?

Answer 11

Circuit Courts and General District Courts