Glossary of Personal Jurisdiction
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- Personal Jurisdiction (PJ)
- Power of the court to render a judgment that binds the person of the defendant.
Service of summons "symbolically" seizes the defendant's person.
- PJ: Due Process
- Improper assertion of PJ over a D violates the D's federal due process rights. Any judgment rendered in violation of due process is invalid and unenforceable.
- Permissible Basis to Assert PJ
- Physical presence in state
Service on domicile
Consent: Express, Implied
Min. Contacts Rule
- PJ; Traditional
- Personal Service (in state)
Domicile, even if outside the state, as long as personally served.
Consent; 1) waiver by failure to object in answer or motion; 2) Express consent, K forum clause.
Court has power over; 1) citizens (incl. corporations); 2) visitors in state; 3) land (in rem).
- PJ; Non-Resident
- Courts power to bind D who is not physically in the state.
Long-Arm Statute; Follow state rules and no exceed limits of due process/ Liberal
Due Process = Min. Contacts
does not offend trad. notions of fair play and substantial justice.
- PJ: Non-Resident---Long Arm Statute-----Meet Due Process---------Min. Contacts
- Min. Contacts;
Purposeful availment; 1) quality and nature of D's acts; 2) voluntary acts directed toward forum; 3) goods intentionally placed in stream of commerce; 4) actual harm results, jurisdiction is established.
Foreseeability of lawsuit - D could have anticipated being haled into court.
- PJ; Minimum Contacts balanced against Fair Play/ Subst. Justice
- Nexus between claim and contact
P's interest in obtaining relief
- PJ; Property ( In rem)
- Power of court to render a judgment that binds property based on the presence of the property in the state. (includes stocks; real property; personal property.)
Adjudicates rights of all persons with respect to the property.
- PJ: In rem - Elements
Opportunity to be heard
Proof of P
P posts bond
- PJ; Quasi In Rem
- Type 1; Property is the subject of dispute between parties
Type 2; Attaches D's property located in forum state to establish PJ.
Judgment limited to value of property. Binds only d's property.
If D appears to defend on merits, general appearance and consents to PJ.
- What is Personal Jurisdiction?
- Personal jurisdiction is the power of the court to render a judgment that binds a defendant personally.
- What is a Long-Arm Statute
- A long arm statute is a state statute which authorizes the courts of that state to exercise personal jurisdiction over non-residents by serving non-residents with process outside the forum state. A federal court is found, under FRCP 4, to apply the long arm statute of the state within which it sits.
- When will a Long Arm Statute Apply?
- Long arm statutes will apply if the tortious act occurred in the forum. Liberal long-arm statutes permit the exercise of jurisdiction irrespective of where the harm occurs. More conservative statutes allow jurisdiction only where the harm occurred within the forum state.
- What are Minimum Contacts?
- Under the case of International Shoe, the court may exercise jurisdiction over a defendant who is not present in the forum state only if that defendant has minimum contacts with the forum state such that the maintenance of the suit does not offend traditional notions of fair plan and substantial justice.
Seler should have reasonably known that he was reaching into the forum state to purposefully avail himself of the economic benefits and protections of State B’s contract law. Seler has sufficient contacts in State B to allow it to exercise jurisdiction over him.
- What is Notice?
- The defendant must receive service of process allowing notice reasonably calculated to apprise it of the pendency of the action and an opportunity to be heard sufficient to satisfy the requirements of constitutional procedural due process.
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