PJ: OVERVIEW Flashcards
A:PJ: OVERVIEW
(What is) the primary legal question that Personal Jurisdiction is concerned with?
PJ: OVERVIEW
Can the Defendant sue the Plaintiff in this state?
B:PJ: OVERVIEW
What are the 3 types of Personal Jurisdiction?
PJ: OVERVIEW
- In Personam Jurisdiction: the defendant himself
- In Rem Jurisdiction: NOT the defendant himself BUT his property.
- Quasi In Rem Jurisdiction: ???
C:PJ: OVERVIEW
What are the two general questions the court must ask in order to establish jurisdiction? and in what order must they be asked?
PJ: OVERVIEW
- Statutory limitation
- Constitutional limitation
D:PJ: OVERVIEW
Limitations on Personal Jurisdiction: define
PJ: OVERVIEW
The exercise of personal jurisdiction generally must be authorized by statute and constitutional.
E:PJ: OVERVIEW
Limitations on Personal Jurisdiction:
In order to exercise personal jurisdiction the court must first look to this…
PJ: OVERVIEW
Statutory limitation: Does the state have a statute?
F:PJ: OVERVIEW
Limitations on Personal Jurisdiction:
The second authority that must be recognized In order for a court to exercise personal jurisdiction is this…
PJ: OVERVIEW
Constitutional limitations: The Due Process Clause
(The Due Process Circle)
1. Fair and Reasonable: def must have contacts with the forum state that the exercise of jurisdiction would be fair and reasonable.
2. Appropriate Notice: defendant must be given appropriate notice of the action and an opportunity to be heard.