Personal Jurisdiction

Question 2

Personal Jurisdiction

Answer 2

In addition to having subject matter jurisdiction, a court must be able to exercise judicial power over the persons or property involved in the cases or controversies before it. This authority is broadly referred to as “personal jurisdiction” and is governed by state statutes regarding jurisdiction and the due process requirements of the U.S. Constitution.

Question 3

In Personam Jurisdiction

Answer 3

In personam jurisdiction is the power that a court has over an individual party. It is required when a judgment is sought that would impose an obligation on a defendant personally. A court with personam jurisdiction over a party may issue a judgment against the party personally, and the judgment can be satisfied by seizure of the party’s assets.

Question 4

Long-Arm Statute

Answer 4

A long-arm statute is a state statute that gives courts within the state personal jurisdiction over out-of-state defendants.

Question 5

Attachment Jurisdiction

Answer 5

Attachment jurisdiction is a special type of quasi-in-rem jurisdiction.

Question 6

Specific Personal Jurisdiction

Answer 6

Specific personal jurisdiction refers to a court’s authority over a defendant that arises from the defendant’s case-specific activities.

Question 7

General Personal Jurisdiction

Answer 7

General personal jurisdiction refers to a court’s authority over a defendant even when the cause of action has no relationship with the defendant’s contacts with the forum state

Question 8

In Rem Jurisdiction

Answer 8

In rem jurisdiction is the authority of a court to determine issues concerning rights in property, either real or personal.

Question 9

Quasi-in-Rem

Answer 9

Quasi-in-rem jurisdiction determines only the interests of the parties to the action regarding property located in the forum state.

Question 10

Notice and Opportunity to Be Heard

Answer 10

Due process requires that deprivation of property by adjudication be preceded by notice and an opportunity for a hearing appropriate to the case.

Question 11

General Appearance

Answer 11

A general appearance occurs when a defendant in some manner recognizes the authority of the court to litigate the merits of the case.

Question 12

Special Appearance

Answer 12

A special appearance is a procedure by which a defendant appears before a court to challenge personal jurisdiction rather than to litigate the merits of the case.