Personal Jurisdiction Flashcards
(21 cards)
in personam jurisdiction is jurisdiction over
a person
in rem jurisdiction is jurisdiction over
property
There are four bases for in personam jurisdiction
- tag jurisdiction
- domiclie
- consent
- minimum contacts
Personal jurisdiction is a question over whether
The court has power over the ∆
-will always have power of πbecause they filed
Advantage of in personam jursidiction over in rem jurisdiction?
In personam jursidiction binds a judgement to a person (can gov after them wherever) –portable jurisdiction
In rem jurisdiciton only binds a judgment to a person’s property (can only go after property)
What is required for tag jurisdiction?
Proper Service and process while ∆ is in the jurisdiction
≠fraud
What is required for proper service and process
2
- serving on the person; or,
2. by sherif of a licensed server
Domicile of the defendant in the state occurs when?
∆ lives and intends to remain in N.C.
Consent to jurisdiction occurs when
2
- implied consent
2. overt consent
When is implied consent to jurisdiction found?
If you go to court for any purpose other than making a 12(b)(6) motion
≠ special apperances to make 12(b) motion arguing against personal jurisdiction (cannot be tagged either)
North Carolina has a nonresident motorist statute, which provides that:
when you drive your car through N.C. you have given consent to personal jurisdiction in N.C. for accidents
For purposes of suing and being sued, the residence of a North Carolina corporation, limited partnership, or limited liability company is:
(3)
1) Where it is registered or principal office is located;
2) Where it maintains a place of business; or
3) If neither of the above exist, where the entity is regularly engaged in carrying on business.
A North Carolina corporation’s registered agent is
its agent for service of process, notice or demand required or permitted by law to be served on the corporation.
Long-arm statute in N.C. give jurisdiction when?
5
- Any action that occurs in N.C. that results in a wrongful death
- Solicitation or service activities carried on in N.C.
- If a defective product is used in N.C.
- If an act happens outside N.C. but the injury happens in N.C. (post operative complications)
- In any action for goods or services when the delivery occurs to or from the state or performance of services occurs in the state
- Anything that does not violate due process
- Any action for divorce, alimony, or child support that arises from a marital relationship in N.C.
an action in rem affects
the property that serves as the jurisdictional basis for the lawsuit.
True in rem jurisdiction
An action in rem is not against any one party, but seeks to settle some question as to the res (status, property, or thing)
* “against the entire world”
; by its judgment, the court establishes rights in the property against all potential claimants.
-all claimants are subject to in rem jurisdiciton ≠ personal
Quasi in Rem Jurisdiction occurs when?
2
(1) jurisdiction against specific persons to determine rights in property before the court
(settles interest in the property only over particular persons, ≠ entire world)
E.g. basic foreclosure action
2) jurisdiction over a claim not concerning the property, obtained by the attachment of local assets
a plaintiff who sought money damages from a defendant over whom he could not obtain in personam jurisdiction could attach the defendant’s property in the state and use the attachment as a basis for jurisdiction.
-Still need sufficient minimum contacts
When N.C. has personal jurisdiction on an in rem basis, what is their power over the parties?
Only has power over the specific claim to property, cannot bring other claims against the party
What claims can be brought against you if N.C. only has in rem jurisdiction?
Only claims related to the property or the property as damages
jurisdiction over a claim not concerning the property, obtained by the attachment of local assets is only allowed when?
There are sufficient minimum contacts
To get personal jurisdiction under minimum contacts in N.C., must anaylze how?
- get in under the N.C. long arm statute?
2. are their minimum contacts sufficient to afford due process? (fed civ pro)
