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Themis Civ Pro - July 2025 (MBE + MEE) > Ch 2: Personal Jurisdiction > Flashcards

Ch 2: Personal Jurisdiction Flashcards

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1
Q

What must a court have in addition to subject matter jurisdiction to exercise judicial power?

A

Personal jurisdiction

Personal jurisdiction is governed by state statutes and the due process requirements of the U.S. Constitution.

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2
Q

What are the three general types of personal jurisdiction?

A
  • In personam jurisdiction
  • In rem jurisdiction
  • Quasi-in-rem jurisdiction
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3
Q

What are the due process requirements for personal jurisdiction?

A
  • Minimum contacts with the forum state
  • Jurisdiction does not offend traditional notions of fair play and substantial justice
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4
Q

How can personal jurisdiction be established?

A
  • Consent
  • Minimum contacts
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5
Q

What is express consent in the context of personal jurisdiction?

A

Agreement by contract to submit to jurisdiction

Such consent is ineffective if the contract is deemed a contract of adhesion.

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6
Q

What constitutes implied consent for personal jurisdiction?

A

Conduct such as filing a counterclaim or driving within the state

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7
Q

What is the effect of a voluntary appearance in a case on personal jurisdiction?

A

Waives any objection to personal jurisdiction if not raised in the answer or pre-answer motion

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8
Q

What is in personam jurisdiction?

A

Power a court has over an individual party

It allows for judgments that impose personal obligations on the defendant.

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9
Q

What are the three traditional bases for in personam jurisdiction?

A
  • Voluntary presence
  • Domicile
  • Consent
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10
Q

What is a long-arm statute?

A

State statute granting personal jurisdiction over out-of-state defendants

It allows jurisdiction over nonresidents engaging in activities within the state.

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11
Q

What is attachment jurisdiction?

A

A form of quasi-in-rem jurisdiction allowing claims based on property owned by the defendant in the forum state

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12
Q

What are the requirements for due process in asserting personal jurisdiction?

A
  • Sufficient minimum contacts with the forum state
  • Maintenance of action does not offend fair play and substantial justice
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13
Q

What is specific personal jurisdiction?

A

Authority over a defendant arising from case-specific activities in the forum state

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14
Q

What is general personal jurisdiction?

A

Authority over a defendant regardless of the relationship to the forum state’s contacts

Requires domicile in the forum state or continuous and systematic contacts.

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15
Q

What challenges arise with the purposeful availment requirement?

A

Difficulty in determining if a defendant has availed themselves of a jurisdiction’s benefits

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16
Q

What are the conditions for the bulge provision under Rule 4(k)(1)(B)?

A
  • Served within U.S. judicial district
  • Not more than 100 miles from where summons issued
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17
Q

What are the conditions for personal jurisdiction under Rule 4(k)(2)?

A
  • Claims based on federal law
  • No state court jurisdiction
  • Consistent with U.S. Constitution
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18
Q

What defines a resident corporation for in personam jurisdiction?

A

Incorporated in the forum state

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19
Q

What is the inquiry for determining a foreign corporation’s general jurisdiction?

A

Whether its affiliations with the forum state are continuous and systematic

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20
Q

What is the definition of in rem jurisdiction?

A

In rem jurisdiction is the authority of a court to determine issues concerning rights in property, either real or personal.

Examples include forfeiture and eminent domain actions initiated by the government, and quiet-title actions.

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21
Q

What is the general rule regarding in rem jurisdiction?

A

In rem jurisdiction allows the court to make determinations concerning property rights that are conclusive against all potential claimants, even persons who are outside of the forum state or who are unknown.

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22
Q

What must be satisfied for in rem jurisdiction to exist?

A

The property at issue must be in the forum state.

In rem jurisdiction can be challenged if the property is fraudulently brought into the state.

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23
Q

What is quasi-in-rem jurisdiction?

A

Quasi-in-rem jurisdiction determines only the interests of the parties to the action regarding property located in the forum state.

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24
Q

What is required for a court to exercise quasi-in-rem jurisdiction?

A

The defendant must have sufficient minimum contacts with the forum state to justify the exercise of personal jurisdiction over the matter.

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25
What is the consequence if a judgment in a quasi-in-rem action does not directly relate to property rights?
The minimum contacts requirement likely is not satisfied, and the court lacks personal jurisdiction to adjudicate the matter.
26
What is attachment jurisdiction?
Attachment jurisdiction is a special type of quasi-in-rem jurisdiction used to assert personal claims against a defendant by attaching property owned by the defendant in the forum state.
27
What is required for due process in the context of notice?
Notice must be reasonably calculated, under all circumstances, to apprise interested parties of the action and afford them an opportunity to present their objections.
28
What is required for notice to known interested parties?
Notice through in-person delivery, registered mail, return receipt requested, or other means likely to notify the particular individual is required.
29
What happens if a plaintiff knows that the defendant did not receive notice?
The plaintiff cannot proceed unless there are no other reasonable methods to notify the defendant.
30
What is the general constitutional test for notice?
The general constitutional test is what is reasonable under the circumstances.
31
What is a special appearance?
A special appearance is a procedure by which a defendant appears before a court to challenge personal jurisdiction rather than to litigate the merits of the case.
32
What is the effect of a general appearance in court?
A general appearance operates as a consent to personal jurisdiction.
33
What must happen if a court overrules a defendant's objection to personal jurisdiction?
Most states permit the defendant to defend the case on the merits and still preserve the objection to personal jurisdiction as an issue for appeal.
34
What does the Full Faith and Credit Clause ensure?
It ensures that judicial decisions rendered by the courts in one state are recognized and honored in every other state.
35
What is the Calder Effects Test?
The Calder Effects Test allows personal jurisdiction over a party whose conduct was expressly aimed at the forum state, knowing that the brunt of the harmful effects would be felt there.
36
What is the significance of a choice-of-law provision in a contract?
It indicates that the forum state’s law is to be used in any action regarding the contract, establishing that the nonresident purposefully availed itself of the benefits of the forum state’s laws.
37
Fill in the blank: A corporate defendant is always at home in the state of its place of _______.
incorporation
38
Fill in the blank: Personal jurisdiction may also be proper when a defendant commits an intentional tort in his own state, but the conduct was aimed at the _______ in the forum state.
plaintiff
39
True or False: Merely making a website accessible to the public is generally considered active engagement for personal jurisdiction.
False
40
What is required for a court to assert personal jurisdiction based on a website?
The degree of interactivity between the website and the forum state.
41
What happens if a court overrules a defendant's objection to personal jurisdiction?
The defendant can defend the case on the merits while preserving the objection to personal jurisdiction for appeal.
42
What does Article IV, Section 1 of the U.S. Constitution ensure?
It ensures that judicial decisions rendered by the courts in one state are recognized and honored in every other state.
43
What are the two conditions under which judicial decisions are recognized according to the Full Faith and Credit Clause?
* A valid judgment was rendered by a court that had jurisdiction over the parties * The parties received proper notice of the action and a reasonable opportunity to be heard
44
Fill in the blank: A defendant may collaterally attack a judgment based on lack of _______.
personal jurisdiction
45
Under what condition is a collateral attack on a judgment not permitted?
If the defendant had both notice and an opportunity to be heard.
46
What immunity do most states provide to nonresidents attending a trial or deposition?
Immunity from service of process.
47
True or False: Federal courts provide immunity from federal suit to nonresidents attending a trial or deposition.
True
48
What is the legal term that refers to the doctrine preventing a collateral attack on a judgment when the defendant had notice and opportunity to be heard?
Res judicata
49
What is one example of a scenario where a defendant may collaterally attack a judgment?
If a default judgment has been entered against a defendant in one state and the plaintiff sues to enforce it in another state.
50
What does personal jurisdiction refer to?
A court’s ability to exercise judicial power over the persons or property involved in the case or controversy
51
How can a party consent to personal jurisdiction?
A party may consent expressly, impliedly, or voluntarily
52
What happens if a defendant fails to object to personal jurisdiction?
The defendant's right to challenge personal jurisdiction is waived
53
What does the Due Process Clause require for personal jurisdiction?
The defendant must have 'minimum contacts' with the forum state and the exercise of jurisdiction must be fair and reasonable
54
What are the three types of personal jurisdiction?
* In rem * Quasi in rem * In personam
55
What is in personam jurisdiction?
The power that a court has over an individual party
56
What is required for a court to impose an obligation on a defendant personally?
In personam jurisdiction is required
57
What is one basis for in personam jurisdiction?
Voluntary presence of the defendant in the state
58
What does domicile refer to in the context of personal jurisdiction?
Where one resides with the intent to remain indefinitely
59
How can a defendant consent to personal jurisdiction?
* Expressly by contract or stipulation * Impliedly through conduct * Voluntarily by appearing in court
60
What is a long-arm statute?
A state statute that gives courts personal jurisdiction over out-of-state defendants
61
What must be established to satisfy due process requirements for personal jurisdiction?
Minimum contacts with the forum state
62
What is purposeful availment?
When the defendant’s contacts with the forum state are so purposeful and substantial that the defendant should reasonably anticipate being taken to court there
63
What is specific jurisdiction?
Jurisdiction over a cause of action that arises out of or closely relates to a defendant’s contact with the forum state
64
What is general jurisdiction?
Jurisdiction over a party with continuous and systematic contacts with the forum state, regardless of the cause of action
65
What factors are considered to determine if maintaining an action offends fair play and substantial justice?
* Interest of forum state * Burden on defendant * Judicial efficiency * Shared interests of the states
66
What is the bulge provision in Federal Rule of Civil Procedure 4(k)?
Applies when a party is added through impleader or required joinder and served within 100 miles of the federal court
67
What is the test for general jurisdiction over a foreign corporation?
Whether the corporation’s affiliations with the forum state are so 'continuous and systematic' as to render the corporation essentially 'at home' in the forum state
68
What does in rem jurisdiction allow a court to do?
Determine issues concerning rights to real and personal property
69
What must be satisfied for proceedings against property under in rem jurisdiction?
Due process requirements for personal jurisdiction
70
What does quasi in rem jurisdiction determine?
The interests of the parties to the action regarding property located in the forum state
71
What does due process require before deprivation of property?
Notice and an opportunity for a hearing
72
What must notice be reasonably calculated to do?
Apprise interested parties of the pending action and afford them the opportunity to object
73
What must a defendant be given regarding state-sponsored interference with property interest?
An opportunity to be heard

Themis Civ Pro - July 2025 (MBE + MEE) (10 decks)

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