Civ Pro Flashcards
(8 cards)
What are the 3 types of Personal Jurisdiction?
- In personam
- In rem
- Quasi in rem
What is In Personam jurisdiction?
forum has personal jurisdiction over defendant
What is In Rem Jurisdiction?
forum has power to adjudicate rights of all persons to a particular item of
property; defendant not personally bound
What is Quasi In Rem jurisdiction?
Type 1 — court adjudicates rights of parties in property based on
property being in forum; close connection between case and property provides
minimum contacts
Type 2 — court attaches property to bring defendant into forum on
unrelated claim; defendant must have minimum contacts with forum
States Authorize personal jurisdiction over a D who:
- Is present in forum state and personally served with process therein;
- Is domiciled in forum state;
- Conducts systematic and continuous business in the state such that the defendant is “essentially at home” therein;
- Consents to jurisdiction; or
- Commits an act covered by the long arm statute
Specific Jurisdiction
personal jurisdiction when the cause of action relates to the defendant’s contacts with the forum
General Jurisdiction
personal jurisdiction when the cause of action is unrelated to the defendant’s contacts with the forum
- where D is at HOME = domiciled or incorporated/place of business
Subject Matter Jurisdiction
- Diversity of Citizenship
2.