Personal Jurisdiction

Question 1

What requirements must be satisfied for a court to exercise personal jurisdiction over a party?

Answer 1

1. There must be a statutory basis for personal jurisdiction.
2. The court must determine whether the exercise of personal jurisdiction comports with due process.
   
   1. “Minimum contacts” test.

Question 2

What are the statutory bases for personal jurisdiction?

Answer 2

1. Presence
2. Consent
3. Domicile
4. Corporations/Partnerships/Associations
5. Long Arm Statute
6. Nonresident Motorist Act

Question 3

Define

Georgia’s Long Arm Statute

Answer 3

• Provides for jurisdiction only over nonresidents.
• Applies to the following activities -
  
  • Transacts business in Georgia.
  • Commits a tortious act in Georgia.
  • Commits an out-of-state tort that injures a plaintiff in Georgia.
  • Owns, uses, or possess real property in Georgia.
  • Named in action for alimony/child support/division of property.

Question 4

What is Georgia’s Nonresident Motorist Act?

Answer 4

Provides for jurisdiction over nonresidents who operate a motor vehicle in Georgia, but only for claims arising from their ownership or operation of the vehicle.