Civ Pro - Chapter 6 - Personal Jurisdiction

2 ways for court to establish in personum jx.

1. claim arises out of the def's contact, a court has specific jx. 2. if the claim does not arise out of the defendant's contact but the def. is essentially at home, the court has general jx.

the exercise of specific jx. is constitutional only when...

1. defendant had purposeful contacts with the forum state 2. plaintiff's claim arose out of those contacts 3. personal jx. is reasonable and fair based on the first two factors

two tests to determine whether a claim arises out of a def.'s contacts

1. evidence test and 2. "but for" test

a company is typically "at home" in a state where

1. it has its principal place of business AND 2. where it is incorporated

court needs these two things to have personal jx.

1. long arm statute and 2. permitted under the Constitution (Constitutional authority)

ways a party can consent to personal jx.

1. not contest it 2. by their conduct (i.e. by filing a claim) 3. forum selection clauses 4.

two ambiguities regarding the meaning of the "arises out of" element

1. when does a claim arise out of a contact 2. can a court establish personal jx. over all claims in a case as long as one claim arises out of the defendant's contact with the forum

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Daimler AG v. Bauman

A court may assert general jurisdiction over a corporation when the corporation's affiliations with the forum state are so continuous and systematic as to render the corporation essentially at home in the state.

McGee v. International Life Insurance Co.

A state court has jurisdiction over an out-of-state company if the company has substantial connections with the state.

long arm statute

A state statute that permits a state to exercise jurisdiction over nonresident defendants.

Pennoyer v. Neff

An old decision by the Supreme Court which held that a court can exert personal jurisdiction over a party if that party is served with process while physically present within the state.

Special Appearance

Appearance by defendant solely in order to object to the court taking jurisdiction over the defendant or action

in rem jurisdiction

Court jurisdiction over a defendant's property

General Jurisdiction

Exists when a court's authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases.

World-Wide Volkswagen v. Woodson

Foreseeability is not the test for specific jx., defendant needs to purposefully avail themselves of the forum.

In Personum Jurisdiction

Jurisdiction over the person; type of jurisdiction court must have to require a party to appear before it.

Specific Jurisdiction

Jurisdiction that stems from the defendant's having certain minimum contacts with the forum state so that the court may hear a case whose issues arise from those minimum contacts.

fifth amendment due process

Prohibits the national government from acting unfairly and gives broad personal jx. to federal court

"but for" test

a claim arises out of a contact if the claim would not have arisen but for the defendant's contact with the state

evidence test

a claim arises out of the def.'s in-state contacts only if the def's forum contact provides evidence of one or more elements of the underlying claim

Collateral Attack

a defendant who defaults in an action in one jurisdiction appears in the enforcing court and contents that the original court's judgment was invalid for lack of personal jx. - Note: if defendant argues jurisdiciton in original court and fails, the defendant cannot collaterally attack this but may appeal directly

Rule 4(k)(1)(a)

a federal court may only exercise personal jx. if a state court in the state where the federal court sits could do so

how many claims does a court have to have personal jx. over to hear a case?

all of the claims made

International Shoe Co. v. Washington

allowed jurisdiction based on a defendant's contacts with the state

why is personal jurisdiction waive-able?

because it is personal to the defendant and not systemic

factors to consider whether personal jx. would be fair and reasonable

burden on the defendants, interests of the forum state, plaintiff's interests in obtaining relief, court's want to obtain efficient resolution, shared interest of states

personal jurisdiction definition

court must have the authority to require the defendant to appear in the forum and defend the action there

minimum contacts do or do not suffice in general jx.?

do not

the evidence and but for tests are methods determined by which court?

federal district courts

a court will very likely conclude that personal jx. is established, even if some of the reasonableness facts are not satisfied if...

if a claim arises out of the defendant's contacts with the forum state

what was wrong with Pennoyer's ruling?

it was ill-equipped to deal with an increasingly mobile society and increased scope of interstate corporate activity

if a life insurance beneficiary lives in a state but the defendant life insurance company had no contact with a state, can they be sued in that state?

no, because the def. had no contacts

are contacts sufficient to establish personal jx.?

no, they are not wholly sufficient

Fourteenth Amendment due process

nor shall any state deprive any person of life, liberty, or property, without due process of law

an individual is usually subject to personal jx. in any state where she is served personally while...

physically present in that forum voluntarily

garnishment

post-judgment attachment

Full Faith an Credit Clause

states have to take legal documents and judgments from other states as true

what does it mean for a def. to have contacts with the forum state?

the defendant must purposefully avail itself of the privilege of conducting activities within the forum state

The supreme court has not yet articulated a clear standard for determining...

when a claim arises out of the defendant's contacts

when can a court have general jx. over a personal defendant?

when they are domiciled in that state/district

are contacts with a forum state essential?

yes, they are essential

can a party who loses a claim of lack of personal jx. appeal?

yes, they can do an interlocutory appeal in most jurisdictions

can you waive personal jurisdiction?

yes, you can easily waive it