Personal Jurisdiction

Question 1

Personal Jurisdiction Definition

Answer 1

Personal jurisdiction refers to the ability of a court to exercise power over a particular defendant or item of property

Question 2

Limitations on Personal Jurisdiction

Answer 2

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

Question 3

State Statute Limitation to PJ

Answer 3

Each state has its own statute for personal jurisdiction

Question 4

Constitutional Limitation to PJ

Answer 4

The due process clause of the Constitution places two restrictions on the exercise of personal jurisdiction

1) the defendant must have such contacts with the forum state such that the exercise of jurisdiction would be fair and reasonable
2) the defendant must be given appropriate notice of the action and an opportunity to be heard

Question 5

Personal Jurisdiction Analysis in Federal Court

Answer 5

Each federal court must analyze personal jurisdiction as if it were a court of the state in which it is located - therefore the assessment is the same in federal and state court

Question 6

Three Types of Personal Jurisdiction

Answer 6

In Personam - the ability of the court to exercise jurisdiction over a person
In rem - the ability of the court to adjudicate the rights of all persons with respect to a particular item of property
Quasi in rem 1 - when the court has power to determine whether particular individuals own specific property within the court’s control
Quasi in rem 2 - permits the court to adjudicate disputes other than ownership based on the presence of the defendant’s property in the forum

Question 7

Types of Statutory limits on PJ

Answer 7

Most states have statutes granting their courts in personam jurisdiction in the following four situations:
i. Where the defendant is present in the forum state and is personally served with process;
ii. Where the defendant is domiciled in the forum state;
iii. Where the defendant consents to jurisdiction;
iv. Where the defendant has committed acts bringing himself within the forum state’s long arm statutes

Question 8

Physical Presence at Time of Personal Service (Tag/Transient)

Answer 8

most states grant their courts in personal jurisdiction over any defendant who can be served with process within the borders of the state, no matter how long he was present, even if merely passing through

Question 9

Exceptions to Tag Jurisdiction

Answer 9

Fraud - If a plaintiff brings a defendant into a state by fraud or force to serve process, most courts will find that service is invalid

Immunity - most states grant immunity from personal jurisdiction to nonresidents who are present in the state solely to take part in a judicial proceeding, or who are passing through the state on their way to a judicial proceeding elsewhere

Question 10

Domicile (statutory limits)

Answer 10

Most states grant their courts with personal jurisdiction over persons who are domiciled in the state, even when the defendant is not physically present within the state when served with process

Question 11

What is Domicile

Answer 11

To be domiciled, the defendant must be at home in the forum

Individual - an individual is domiciled where they have established a physical presence coupled with the intent to make that place their home indefinitely

Corporation - a corporation is domiciled in the state in which it is incorporated and that state in which it has its principal place of business

Question 12

Consent (statutory limits)

Answer 12

Every state provides for personal jurisdiction through the defendant’s consent

consent may be express or implied through the making of a general appearance

Question 13

Long Arm Statutes (statutory limits)

Answer 13

All states grant their courts personal jurisdiction over nonresidents who perform or cause to be performed certain acts within the state or who cause certain results within the state by act performed outside the state

Unlimited - some states give their courts power over any person over which the state can constitutionally exercise

Specific - most states have statutes that specify the situations in which the courts can exercise jurisdiction

Question 14

Constitutional Requirement 1

Answer 14

For the exercise of pj to be constitutional, the defendant must have such minimum contacts with the forum so that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

In determining this, the court considers the factors of contact, relatedness, and fairness

Question 15

Contact (con req sub 1)

Answer 15

there must be relevant minimum contacts between the defendant and the forum state that the exercise of jurisdiction would be fair and reasonable

the court will consider purposeful availment and foreseeability

Question 16

Purposeful Availment

Answer 16

The court must find that through the defendant’s contact, the defendant purposefully availed himself to the privileges of conducting activities within the forum state, thus invoking the benefits and protections of its laws

Question 17

Foreseeability

Answer 17

After finding purposeful availment, the court must find that the defendant must have known or anticipated that his activities would render it foreseeable that he may be haled into court there.

Question 18

Relatedness (con req sub 2)

Answer 18

Once contact is established, the relatedness of the contact with the plaintiff’s claim will be assessed

If the claim arise from activity in the state - specific jurisdiction

if the claim did not arise from activity in the state - court must find general jurisdiction

Question 19

Specific Jurisdiction & Relatedness Test

Answer 19

If the plaintiff’s claim arises from or relates to the defendant’s contact with the forum state, then specific jurisdiction is present

If the defendant’s contact with the forum caused the harm to the plaintiff, it is related

If the defendant has substantial contact with the forum state, relatedness is satisfied if the claim merely relates to the defendant’s contacts with the forum

NOTE: if there is specific jurisdiction, you must assess the fairness and reasonableness

Question 20

General Jurisdiction

Answer 20

If the claim does not arise from or relate to the defendant’s contact with the forum state, the court must find that there is general jurisdiction.

General jurisdiction provides the court personal jurisdiction for any cause of action against the defendant, even if the claim does not relate to the defendant’s contacts with the forum.

General jurisdiction may be available when (1) the defendant has registered to do business and appointed an agent for service of process, or (2) is at home in the state (domiciled)

Question 21

Fairness (con req sub 3)

Answer 21

For the exercise of specific jurisdiction, the court is required to find that the exercise does not offend traditional notions of fair play and substantial justice

Question 22

Fairness Factors (PJ)

Answer 22

1- whether the forum is so gravely difficult and inconvenient that the defendant is put at a severe disadvantage (relative wealth of parties is not considered)

2-the forum state’s legitimate interest in providing redress for its citizens

3- the plaintiff’s interest in obtaining convenient and effective relief

Question 23

Constitutional Requirement 2

Answer 23

In addition to minimum contacts, due process also requires the a reasonable method be used to notify the defendant of a pending lawsuit so that she may have an opportunity to appear and be heard

Question 24

Test for Notice

Answer 24

notice must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections

Question 25

What notice consists of

Answer 25

two documents - a summons and a copy of the complaint

Question 26

who can serve process

Answer 26

any person who is at least 18 years of age and not a party to the action (includes the parties' attorneys)

Question 27

When must process be served

Answer 27

If the defendant is to be served within the US, service must take place within 90 days of the filing of the complaint. This period may be extended for good cause.

Question 28

Ways to serve an individual in the US

Answer 28

Personal service Substituted Service Service on Agent State Law Methods

Question 29

Personal Service

Answer 29

process is given to the defendant personally

Question 30

substituted service

Answer 30

substituted service can be done only: 1- at the defendant's usual place of abode 2- with someone of suitable age and discretion 3- who resides there NOTE - may be used even if personal service is possible

Question 31

Service on Agent

Answer 31

process can be delivered to the defendant's agent if receiving service is in the scope of the agency NOTE - may be used even if personal service is possible

Question 32

State Law Methods of Service

Answer 32

Methods for serving process that are permitted by the state law where (1) the federal court sits or (2) where service is made

Question 33

Ways to Serve a Business in US

Answer 33

A business or organization may be served by 1 - delivering to an officer or a managing or general agent a copy of the summon and complaint; or 2- using a method permitted by the state where (1) the federal court sits or (2) where service is made

Question 34

Service on a Minor or Incompetent in US

Answer 34

may be made only by a method permitted by the law of the state in which service is to be made

Question 35

Service on Parties in a Foreign Country

Answer 35

a method allowed by international agreement if no agreement exists, by: 1- as direct by the American court 2- Method allowed by the foreign country's laws 3- method directed by foreign official in response to a letter of request (letter rogatory) from the American court 4- personal service in foreign country 5- Mail sent by the CLERK of the American court, requiring signed receipt

Question 36

Waiver of Service of Process

Answer 36

A plaintiff may request the defendant to waive service of process to request a waiver, plaintiff must mail the defendant 1- a copy of the complaint 2- two copies of the waiver form 3 - a prepaid means of returning the form

Question 37

Time limit to waive process

Answer 37

If the defendant executes and mails the waiver form to the plaintiff within 30 days (60 if defendant is outside US) from the date that the request was sent, she waives process

Question 38

Effect of a Waiver

Answer 38

A defendant who waives process has 60 days (90 if outside US) from the date the request was sent to answer the complaint (instead of 21 days)

Question 39

When Waiver is Effective

Answer 39

the waiver is effective when the plaintiff files the signed waiver form in court for timing purposes, the defendant is treated as being served on the day the plaintiff filed the waiver form in court

Question 40

Penalty for failing to waive

Answer 40

If the defendant does not waive process, the plaintiff must formally serve him - but the defendant is liable for the costs of such service if he does not have good cause for failing to waive

Question 41

Proving Service of Process

Answer 41

unless service is waived, the process server files a report with the court detailing how service was made the failure to file this report does not affect the validity of service

Question 41

Immunity from service

Answer 41

if the plaintiff uses fraud or force to make the defendant to enter the state to be served if the defendant is within the state to appear in another action