Personal Jx

Question 1

fairness

Answer 1

personal jx must be fair to D

Question 1

personal jx

Answer 1

the power of a court over a person in a case

Question 2

general personal jx

Answer 2

the lawsuit does NOT have to arise out of D’s contacts w/ forum state for personal jx to be constitutional

Question 3

methods of obtaining general personal jurisdiction

Answer 3

• consent
• presence
• domicile

Question 4

consent

Answer 4

• express consent
• implied consent (ie, D fails to object in first response)

Question 5

presence

Answer 5

• Constitutional and systemic contacts w/ state (at home in forum state)
• D is present in state when served

Question 6

domicile

Answer 6

• Individal: permanent home and plan to stay indefinitely
• Corporation: principal place of business + state of incorporation

Question 7

specific personal jx

Answer 7

the lawsuit must arise out of D’s specific contacts w/ state

eg, (1) a tort committed in state or (2) a k or business transaction arising out of contacts w/ state

Question 8

specific personal jx requirements

Answer 8

must be constitutional under:
1. state constitution
2. US constitution

Question 9

state constitutionality

Answer 9

many states have long-arm statutes that enumerate specific contacts that will grant specific personal jx

Question 10

US constitutionality

Answer 10

D must have minimum contacts so as to NOT offend “traditional notions of fair play and substantial justice”