Personal Jurisdiction

Question 1

Personal Jurisdiction Barf

Answer 1

The power of a court to make a binding order against a party and is obtained by giving notice within the graps the state’s long-arm statute as permitted by federal statute.

Question 2

Notice Definition

Answer 2

A court may exercise jurisdiction over an out of state defendant upon proper notice to the extent permitted by the long arm stature where the court sits.

Question 3

Rule 4 Notice

Answer 3

Permits notice within 120 days of filing and must contain the name of the court and parties, be directed to the defendant, and served by someone who is not a party to the action and over 18.

Question 4

Mullane

Answer 4

Notice should be reasonably calculated to impart notice under the totality of the circumstances.

Question 5

Long arm Statute

Answer 5

The long arm state must be coextensive with the U.S Consitution.

Question 6

Bulge Rule

Answer 6

A defendant must be within 100 miles of district court where summons was made is good pj without needing minimun contacts.

Applies to Defendants joined under Rule 14 or 19.

Question 7

Minimum Contacts Definition

Answer 7

A defendant must have sufficient contacts within the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

Question 8

Traditional PJ

Answer 8

1. Consent (Express, Implied, Waived)
2. Domicile (D domicile, C Incorporation)
3. Physical Presence in State (In Rem, In Persom)

Question 9

Minumum Contacts Nexus

Answer 9

1. Continous and Systematic/Related to Lawsuit: Never Doubted
2. Isolated/Related to Lawsuit: Purpose Availment/Fairness Factors
3. Continous & Systematic/Unrelated to Lawsuit: Pervasive Presence/Fairness Factors
4. Isolated/Not Related to Lawsuit: No J

Question 10

Pervasive Presence Minimum Contacts

Answer 10

Only applies to corporations

General jurisdiction can be obtained over a corporation if its continous and systematic activities are so pervasive that jurisdiction extends to even unrelated matter.

Question 11

Purposeful Direction/Availment

Answer 11

If the defendant purposefully directed its activity at the forum state or purposefully availed itself to the benefits and protection of the laws of the forum state it would be foreseeble for the defendant to hailed into court there.

Question 12

Contract Minimum Contacts Test

Purposeful Availment

Answer 12

1. Maintining contract in forum state. (YES PJ)
2. Entering into a contract with a resident of the forum state (No PJ)
3. Contract negoiated and/or performed in the forum state is D purposefully availing themselves there. (PJ)
4. P Entering into a contract in forum state, then moving does not cause D to purposefully avail themselves to new state (NO PJ)

Question 13

Internet (Availement)

Answer 13

Active Website v. Passive website.

1. Active: Ebay.
2. Passive: Only gives info

Question 14

Stream of Commerce Availment

Answer 14

1. O’Conner: Merely putting something into the stream of commerce is not minimun contacts even if the party has knowledge it will go to a specific state.
2. Brennan: A product that will be marketed nationally puts the party on notice of the possibilty of being hailing to a forum where an injury occured.

Question 15

Fair play and Substantial Justice

Answer 15

1. Burden on the parties.
2. Interest of the forum state in resolving the dispute.
3. Plaintiff interest in obtaining relief.
4. Efficient Resolution of controversies between states.
5. Shared interest of the states in furthering state policies.

Question 16

Defense to PJ Rule 12 b

Answer 16

1. Lack of SMJ
2. Lack of PJ
3. Improper Venue
4. Insufficient Process
5. Insufficient Service of Process
6. Failure to state a claim
7. Failure to join a party under Rule 19.

Question 17

Challenging Pj

Answer 17

1. Traditional Default or Collateral Attack 2. Special Appearence 3. FRCP Rule 12