Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

Power of a federal court over the defendants person or property

Question 2

A federal court has personal jurisdiction if:

Answer 2

-the law of the forum grants personal jurisdiction; and
-the forums law is constitutional

Question 3

Absent a federal statute that expressly grants personal jurisdiction, a federal court borrows the same personal jurisdiction law ?

Answer 3

of the state where it sits

Question 4

3 Alternative bases for personal jurisdiction

Answer 4

• Consent
  -Presence and
  -Long arm statute

Question 5

Express consent to personal jurisdiction

Answer 5

any verbal expression of consent to personal jurisdiction in the forum state

Question 6

Implied consent to personal jurisdiction

Answer 6

the failure of the defendant to object to personal jurisdiction in a proper and timely manner operates as a waiver to challenge personal jurisdiction

Question 7

How long does a defendant have to object to personal jurisdiction?

Answer 7

within 21 days of being served

Question 8

If the defendant agrees to waive the formal process, the time to respond to personal jurisdiction is extended to?

Answer 8

-60 days from the date that the request for waiver was sent (if defendant is in the US)

-90 days from the state that the request waiver was sent (if defendant is in a foreign country)

Question 9

Presence: service of process for personal jurisdiction

Answer 9

Defendant must actually and voluntarily physically be present in the state while served

Question 10

Presence: domicile for personal jurisdiction

Answer 10

Defendants domicile-true home plus intent to remain or return to that state

Question 11

Presence: Essentially at home for personal jurisdiction

Answer 11

The equivalent of being domiciled in that state

Question 12

Long arm statute

Answer 12

Allows a federal court to pull in out of state defendants who are not present and who do not consent

(generally proves for specific personal jurisdiction over defendants who perform a specific act identified in the statute in the state from which the lawsuit derives)

Question 13

Personal jurisdiction must be?

Answer 13

constitutional

Question 14

Personal jurisdiction is constitutional if?

Answer 14

the defendant engaged in such minimum contacts that it would not be unfair to make the defendant come to the forum state to defend against a lawsuit

Question 15

There is constitutional specific personal jurisdiction if:

Answer 15

-defendant purposefully uses the benefits and protections of the forum states laws or targeted its consumers; and
-there is a connection b/w the availment/targeting and the lawsuit

Question 16

There is constitutional general personal jurisdiction for:

Answer 16

for all purposes over defendants who are present in the forum state who consent to personal jurisdiction regardless of what the lawsuit is about