Personal Jurisdiction Flashcards
(18 cards)
In personam
Over the person. Jurisdiction over Defendant’s person or judgment in forum state entitled to full faith and credit in other states.
In Rem
Property - Power over Defendant’s property or status.
Quasi in Rem
Property - Power to attach property to gain jurisdiction over defendant.
Due Process
Due Process Clause of the 14th Amendment
No State shall ** deprive any person of life, liberty, or property, without due process of law **.
General Appearance
Consent to court’s jurisdictions.
Special Appearance
Only consenting to court’s power for the limited purpose of determining personal jurisdiction.
Current method: motion to dismiss for lack of personal jurisdiction
General Personal Jurisdiction
A state has GJ over a defendant where the defendant’s connection to the forum state are so continuous and systematic as to render the corporation essentially “at home” in that state.
General Personal Jurisdiction
Unrelated contacts
A state has GJ over a defendant where the defendant’s connection to the forum state are so continuous and systematic as to render the corporation essentially “at home” in that state.
Individual’s domicile
Residence + intent to remain
Corporation’s state of incorporation
Corporation’s PPB (“nerve center”)
Corporations are typically “at home” in
TWO places at most
PJ proper regardless whether suit arose from or is related to Defendant’s contacts.
Specific Personal Jurisdiction
Related contacts
Sufficient minimum contacts with the forum state such that the exercise of jurisdiction would not offend the traditional notions of fair play and substantial justice .
Purposeful availment
Foreseeability
Suit must arise out of OR relate to the Defendant’s contacts.
Fair-Play Factors
No state has Personal Jurisdiction
Rule 4(k)(2) Any federal court has PJ where: The claim is based on federal law; Jurisdiction is constitutional; AND Satisfies 5th amendment due process. Look at Def. contacts with U.S. as a whole There is no state that would have PJ.
Fair Play Factors
- Forum state’s interest in adjudicating
the dispute.- Plaintiff’s interest in obtaining
convenient & effective relief. - Burden on defendant.
- Interstate judicial system’s interest in obtaining the most efficient resolution of controversies.
- Shared interest of the states in furthering fundamental substantive social policies.
- Plaintiff’s interest in obtaining
TAG Jurisdiction - Transient Presence
When a person is present and served in the state, Transient jurisdiction is usually valid.
Exceptions: PJ is not conferred when force/fraud is used in service of process; witnesses are immune from service of process.
Long Arm Statutes
Declare what circumstances a state can assert PJ over non-residents.
Also provides for service of process for non-residents.
3 Types of Long Arm Statutes
Very broad – allows courts to exercise PJ to the limits of Due Process
Mid-level
Detailed Laundry list (Enumerated Acts) - allows courts to exercise PJ based on specific types of conduct with the forum state
*Look to whether the court interprets the statute broadly or narrowly.
Minimum Contacts
Defendant have “such minimum contacts” with the forum that jurisdiction would be fair and reasonable. Look to two factors: purposeful availment and, foreseeability.
Purposeful Availment
Defendant must reach out/ target the forum.
purposefully availed “of the privilege of conducting activities within the forum state, thus
invoking the benefits and protections of its laws.”
“At home” - General
In general jurisdiction, Def. must be at home in the forum.
Individual - Domicile
Corporation - State of Incrop. and PPB.
Principal Place of Business (PPB)
The “nerve center”.
Continuous and systematic business activities.
Where the main administrative and activities occur.
