Personal Jurisdiction Flashcards

1
Q

What are the requirements for Personal Jurisdiction

A

federal courts must have PJ over:

  1. a party for its judgment to be binding
  2. as state court where the fed district court is located.
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2
Q

2 categories for Personal Jurisdiction

A
  1. Traditional bases of jurisdiction;

2. long-arm jurisdiction

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3
Q

the first category of PJ: traditional bases

A

Domicile
waiver
consent
present in the state when served

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4
Q

The second category of PJ: long-arm jurisdiction

A

to assert long-arm: -

a. state must have long-arm statute and
b. comply with due process requirements.

Due process: = def has sufficient minimum contacts with the forum stateso as not to offend traditional motions of fair play and substantial justice.

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5
Q

What is prong 1 of the minimum contact?

A

General Jurisdiction:- contacts so substantial and of such nature that D is essentially at home or

Individuals - domiciled in the state
corporations - where corp is at home (incorp or nerve center)

Special Jurisdiction:- a connection between the forum state and underlying controversy. the lawsuit must relate/arise from D’s contact with the state.

( regularly occurring product sales in a state don’t justify jurisdiction of a claim unrelated to hose sales.

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6
Q

Prong 2 Fair play and substantial justice

A

must be fair and reasonable for D to be sued in the forum state.

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