Personal Jurisdiction

Question 1

In Personam Tag

Answer 1

Pennoyer
- served personally and
- within the state where the suit is filed

Question 2

International Shoe Test

Answer 2

• A contact and
• Case arises from that contact

Question 3

Specific Personal Jurisdiction Rule

Answer 3

• D had contacts in the forum and
• The claim arose out of those contacts and
• Personal jurisdiction is otherwise fair and reasonable

Question 4

D had contacts in the forum if

Answer 4

D purposely availed itself of the forum

Question 5

The claim arose out of the contact if

Answer 5

Nexus requirement: 1) claim resulted from the D’s in-state contacts or 2) there is a strong relationship among the D, the forum, and the litigation

Question 6

Personal jurisdiction is otherwise fair and reasonable if

Answer 6

It doesn’t offend notions of fair play and substantial justice

Question 7

If state trial court would have personal jurisdiction (4k)

Answer 7

then the federal court in that state can also have personal jurisdiction

Question 8

General Personal Jurisdiction is established when

Answer 8

Contacts are sufficiently extensive to grant general jurisdiction

Question 9

Contacts are sufficiently extensive to grant general jurisdiction when

Answer 9

Individuals: where they are domiciled
Corporations: wherever they are at home
- Principal place of business
- Place of incorporation

Question 10

In rem and Quasin in Rem Type 1

Answer 10

Both are court is exercising jurisdiction over the thing and dispute is over the thing itself
- when the thing is within the control of the court

Question 11

Quasi in Rem Type 2

Answer 11

Litigation is not over ownership, but something else that may or may not have something to do with the property itself
- must do an actual minimum contacts analysis (does the claim in the suit arise from your contact with the forum state)

Question 12

Consent in Personal Jurisdiction

Answer 12

• Pre-dispute agreement
• P consents to personal jurisdiction where they bring the case
• Forum selection clauses = both parties have consented to that forum
• State statutes that say as a condition of doing business in the state you consent to personal jurisdiction in that state

Question 13

Waiver of personal jurisdiction

Answer 13

Defendant doesnt challenge perosnal jurisdiction

Question 14

Personal Jurisdiction must satisfy

Answer 14

• Due process and
• Long arm statute

Question 15

State Long Arm statutes

Answer 15

Determine how much personal jurisdiction its courts should have

Question 16

Federal Court Constitutional Scope of Personal Jurisdiction

Answer 16

Within the United States has personal jurisdiction

Question 17

Federal Court Long Arm Statutes

Answer 17

If you serve someone you can have personal jurisdiction

If a general state court in the state where the federal district court is located would have personal jurisdiction so can the federal court (look to state long arm provision)
- some exceptions in 4k

Have jurisdiction if federal question

Question 18

Service must be both

Answer 18

Constitutionally sufficient and authorized by state statute or rules

Question 19

Constitutional Service Requirement

Answer 19

Mullane: Notice reasonably calculated under all circumstances to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections

• If you know where party is, publication is not enough and must use means that are reasonably certain to inform those affected
• If you don’t know where party is, must use means not substantially less likely to notify the D than other of the feasible and customary substitutes

Question 20

Service Statutory Notice

Answer 20

Look at state statute

Question 21

Waiver of Service

Answer 21

P can ask D to waive the steps of service

• If D does not sign and return waiver of service, then P must go through the normal process and D must pay for the service process (D gets longer to respond to complaint if they waive)