Personal JDX

Question 1

To determine whether a court has the power over an out of state D, the court’s exercise of PJ must be

(specific in personam JDX)

Answer 1

1) Authorized by the state long arm statue or rule of court; and

2) Permitted by the due process clause of the U.S. Constitution

Question 2

Unlike SMJ, PJ can be

Answer 2

Waived by a general appearance

Question 3

To contest a court’s personal jurisdiction the D must

Answer 3

Raise the lack of PJ at the first opportunity in either its 1) pre-answer motion or
2) answer

Question 4

If a defendant fails to object to the lack of personal jurisdiction then

Answer 4

the objection to personal jurisdiction is waived.

Question 5

What are the 3 types of personal jurisdiction ?

Answer 5

1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem

Question 6

General in personam jurisdiction is

Answer 6

unrelated to the D’s contact with the forum state

Question 7

There are 4 basis for General In personam JDX

Answer 7

1) Physical service of process on the D while willingly/knowingly the forum state

Question 8

General in personam jurisdiction is

Answer 8

unrelated to the D’s contact with the forum state

Question 8

What are the 3 types of personal jurisdiction ?

Answer 8

1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem

Question 8

There are 4 basis for General In personam JDX

Answer 8

1) Physical service of process on the D while willingly/knowingly the forum state

2) The D is domiciled in the forum state (residency +intent to remain)

3) Consent (waiver/express consent/appointment of agent to receive service

4) Corporations where incorporated or has principal place of business

Question 8

There are 4 basis for General In personam JDX

Answer 8

1) Physical service of process on the D while willingly/knowingly the forum state

2) The D is domiciled in the forum state (residency +intent to remain)

3) Consent (waiver/express consent/appointment of agent to receive service

4) Corporations where incorporated or has principal place of business

Question 8

What are the 3 types of personal jurisdiction ?

Answer 8

1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem

Question 8

General in personam jurisdiction is

Answer 8

unrelated to the D’s contact with the forum state

Question 8

Specific

Question 9

3 exceptions to Specific in Personam JDX

Answer 9

1) Federal interpleader act- allows nationwide service of process

2) The bulge provision- allows service anywhere within 100 miles of federal courthouse for 1) impleading 3rd party D’s or 2) joining necessary parties under rule 19

3) Rule 4K- When D is not subject to PJ in any court and P is suing under federal law. D must have sufficient contacts with U.S. as a whole

Question 10

In Rem

Answer 10

Suit against property, can be brought so long as the property is located in the state where P is suing and the suit will settle everyone’s claim the property

Question 11

Quasi in rem

Answer 11

Suit to adjudicate the claim of property of a particular D and requires a minimum contacts analysis (When the property is the subject of the suit, it will constitute an important minimum contact, when its not, its not enough to establish PJ)

Question 12

There are 4 basis for General In personam JDX

Answer 12

1) Physical service of process on the D while willingly/knowingly the forum state

2) The D is domiciled in the forum state (residency +intent to remain)

3) Consent (waiver/express consent/appointment of agent to receive service

4) Corporations where incorporated or has principal place of business

Question 12

3 exceptions to Specific in Personam JDX

Answer 12

1) Federal interpleader act- allows nationwide service of process

2) The bulge provision- allows service anywhere within 100 miles of federal courthouse for 1) impleading 3rd party D’s or 2) joining necessary parties under rule 19

3) Rule 4K- When D is not subject to PJ in any court and P is suing under federal law. D must have sufficient contacts with U.S. as a whole

Question 12

General in personam jurisdiction is

Answer 12

unrelated to the D’s contact with the forum state

Question 12

What are the 3 types of personal jurisdiction ?

Answer 12

1) In personam jurisdiction (general/specific)
2) In Rem
3) Quasi in Rem

Question 13

Specific In Personam is

Answer 13

The D must have sufficient minimum contacts with the forum state

Question 14

A state can only exercise PJ over a corporations

Answer 14

It is consistent with traditional notions of fair play. Putting a product into the steam of commerce is not enough alone.

Question 15

Minimum contacts are contacts the the D

Answer 15

Establishes purposely with the forum state