Personal Jurisdiction

Question 1

When can a federal court assert personal jurisdiction over a party?

Answer 1

If the state court in the state in which the federal court sits could asset personal jurisdiction, based on both statute statute and constitutional considerations
-if a state cannot assert PJ, federal court in that state can’t assert PJ either

Question 2

What are circumstances under which it is constitutional under the DPC of the 14th A for a state to authorize personal jurisdiction?

Answer 2

1. residency
2. consent
3. service
4. minimum contacts
5. “at home” general jurisdiction

Question 3

What is residency requirement for humans for personal jurisdiction?

Answer 3

If a human party is a resident and domiciled in the state where a suit is filed, PJ is constitutional

Question 4

What is residency requirement for corporations?

Answer 4

Corporations are residents of states where the yare incoproated and have their principal place of business

Question 5

How can party consent to PJ?

Answer 5

1. appearance in court without objecting to PJ
2. D signed contract with a choice-of-forum clause
   3.if party has appointed agents located in taht state to receive process

Question 6

When does service of process create personal jurisdiction?

Answer 6

If D is served with process while in state where suit is filed, that state will have PJ

Question 7

What are the limitations to PJ based on service of process?

Answer 7

Personal jurisdiction based on service of process is unconstitutional if:
1. P enticed or forced D into the state
2. D is in the state solely to participate in an unrelated legal proceeding

Question 8

What is minimum contacts requirement for personal jurisdiction over D?

Answer 8

To meet minimal contacts, must establish:
1. D has established a minimum contact with the forum state
2. Claim against D arises from that minimum contact
3. exercise of personal jurisdiction won’t offend traditional notions of fair play and substantial justice

Question 9

How is a “minimum contact” with a state established?

Answer 9

Minimum contact is established if D causes harm in the state, does business in the state, or has an interest in real property in the sate, if D has purposefully availed themselves of that state by directing advertising or marketing, seeking out business opportunities, etc.

Question 10

What is “at home” general jurisdiction?

Answer 10

For general jurisdiction, a business must be so significant that the company, though not incorporated or headquartered in a state, is essentially at home in the state