Forum Selection

Question 1

Forum Selection

Answer 1

To determine where to file a case, the plaintiff must find a court that has power over the defendants or property (personal jurisdiction) and power over the type of case (subject matter jurisdiction), plus the location of the suit (venue) must be proper.

Question 2

Personal Jurisdiction

Answer 2

Jurisdiction exercised over parties and can be categorized as in personam (power over the particular defendant), in rem (power to adjudicate the rights of all people with respect to a particular item of property), or quasi in rem (jurisdiction over a person based on that person’s interest in property located in the court’s territory).

The exercise of personal jurisdiction must be both authorized by statute and constitutional.

Personal jurisdiction also may be classified as general, meaning that the court has personal jurisdiction over the defendant for all causes of action wherever they occurred, and specific, meaning that the court has personal jurisdiction over the defendant only for the cause of action specified in the plaintiff’s complaint.

Question 3

In Rem Personal Jurisdiction

Answer 3

Power to adjudicate the rights of all people with respect to a particular item of property.

Question 4

Quasi in Rem Personal Jurisdiction

Answer 4

Jurisdiction over a person based on that person’s interest in property located in the court’s territory.

Question 5

General Personal Jurisdiction

Answer 5

Meaning that the court has personal jurisdiction over the defendant for all causes of action wherever they occurred.

Question 6

Specific Personal Jurisdiction

Answer 6

Meaning that the court has personal jurisdiction over the defendant only for the cause of action specified in the plaintiff’s complaint.

Question 7

In Personam Jurisdiction

Answer 7

Power over the particular defendant.

It creates a personal obligation on the part of the defendant. For example, the court may render a money judgment against the defendant or may order the defendant to perform an act (or not act). Furthermore, the judgment is entitled to full faith and credit, meaning that the plaintiff may enforce the court’s judgment against the defendant’s property in another state. Essentially, the judgment follows the defendant wherever he goes.

Question 8

How to get in personam personal jurisdiction

Answer 8

Domicile
Service of Process
Consent
Long Arm Statutes

Question 9

Domicile vs. Residence

Answer 9

Domiciled: where the person maintains her permanent home. (Note that you can only have one domicile.)

Residence. Any place where a person lives. A person may have several residences, like their everyday home and their vacation home.

Question 10

Corporation Domiciles

Answer 10

A corporation effectively is deemed to be domiciled in two places: the state in which it was incorporated and the state in which it has its principal place of business.

Question 11

Service of Process as a Basis for In Personam Personal Jurisdiction

Answer 11

The court can get in personam jurisdiction over a defendant if the defendant can be served with process (a copy of the complaint and summons) within the state, no matter how long he was present in the state. It is not necessary that the cause of action arose in the state in which the defendant was served.

Question 12

Consent as a Basis for In Personam Personal Jurisdiction

Answer 12

If you consent to jurisdiction in the state, the court can exercise in personam jurisdiction over you.

Express Consent: You agree in a contract to be subject to the law of a state in case there is a lawsuit.

Implied Consent: When an out-of-state person voluntarily engages in an activity that the state has an interest in regulating, like driving.

Question 13

Long Arm Statutes as a Basis for In Personam Personal Jurisdiction

Answer 13

Long Arm Statutes are laws that give courts jurisdiction over nonresident defendants who have contact with the state where the law is in effect.

Long Arm Statutes create specific jurisdiction.