General Jurisdiction

Question 1

Rule for General Jurisdiction

Answer 1

Rule for general jurisdiction – connection with defendant and forum state is so strong that defendant would be considered at home.

Question 2

Rules 12 (b), (h), and (g)
Personal Jurisdiction Defenses

Answer 2

12(b): These defenses, including lack of PJ, can be included in the answer or asserted by motion. If the D does make a motion under this rule, he must make it before filing the answer.

12(h): If the D does make a pre-answer motion, he must include PJ or he

12(g): Except for some limited exceptions, the D can only make one Rule 12 motion.

Question 3

Possible ways to achieve notice

Answer 3

a. “Personal” service of process
b. Service by mail
c. “Constructive” service, like by publication
d. Attachment or seizure of property

Question 4

Notice Rule

Answer 4

“Notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and to afford them an opportunity to present their objections”

Question 5

Long Arm Statutes

Answer 5

i. One of states’ “self-imposed restraints”
ii. Constitutional limits v. state decision as to how far it will extend its jurisdiction
iii. You must first follow the forum state’s long-arm statute

iv. If the exercise of PJ falls within the long-arm, then you have to analyze
whether it is constitutional

Question 6

Long Arm Statutes Test

Answer 6

Does it fall within the long arm?
a. No? Then no personal jurisdiction

b. Yes? Does it satisfy Due Process?
i. No? Then no personal jurisdiction

ii. Yes? Court may exercise personal jurisdiction