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Indiana Pleadings and Practice > Personal Jurisdiction > Flashcards

Flashcards in Personal Jurisdiction Deck (11)
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1
Q

Personal Jurisdiction

A

Authority of a court to exercise judicial power over parties and to force parties to appear

2
Q

Types of Personal Jurisdiction

3

A

(1) In Personam
(2) In Rem
(3) Quasi In Rem

3
Q

Bases for In Personam Jurisdiction

4

A

(1) Voluntary Presence
(2) Domicile
(3) Consent
(4) IN Long-Arm Statute

4
Q

In Personam Jurisdiction: Voluntary Presence

A

If D is voluntarily present within the state of Indiana and is served with process while there, D is subject to PJ in Indiana courts

5
Q

In Personam Jurisdiction: Domicile

A

A person who is domiciled in Indiana is subject to PJ in Indiana courts, even if the person is temporarily absent from the state

6
Q

In Personam Jurisdiction: Consent

A

Ds may agree to submit to Indiana PJ in various ways

Can be express or implied

Ex: Filing counterclaim

7
Q

In Personam Jurisdiction: Long-Arm Statute

A

Authorizes PJ over nonresidents who engage in some activity in IN or cause some action to occur within the state to the extent permissible under the DPC

8
Q

Due Process Requirements

A

Satisfied if nonresident D has certain MINIMUM CONTACTS with the forum state such that the maintenance of the action does not offend traditional notions of FAIR PLAY and SUBSTANTIAL JUSTICE

9
Q

Determining Whether an Indiana Court May Exercise PJ Over Nonresident D on Exam

A

ASK: Is the exercise of PJ proper under the due process clauses of the Indiana and United States Constitutions?

10
Q

In Rem Jurisdiction

A

Gives court the authority to determine issues concerning rights of ALL PERSONS to real or personal PROPERTY

Due Process: Proceedings against property must still satisfy due process requirements for PJ and property must generally be present within the forum state

11
Q

Quasi In Rem

A

Determines only the interests of the parties LOCATED IN THE FORUM STATE to the action regarding property, and not personally binding against D

Due Process: Must be assessed for due process purposes using minimum contacts test