Quiz Q's
- True!
*This act allows nationwide service of process;
*and service ANYWHERE in the U.S. establishes personal jurisdiction!
Can any contract for insurance where the plaintiff was a residence of the state when the claim arose from a basis for specific personal jurisdiction?
Yes!
Specific In Personam Jurisdiction looks to a connection between the lawsuit and the Defendant's __________ with the forum state!
- contacts!
long-arm!
Federal Exceptions: Generally, federal courts follow the long-arm statutes of the states in which they...
SIT!
*These exceptions are federal rules that EXTEND in personam jurisdiction of federal courts BEYOND state boundaries.
In Rem Jurisdiction is when you bring suit against a THING (the res). Suit can be brought against a piece of property, so long as: (2) things...
- property is located in the state where you are suing; and
- suit will settle everyone's claims to the property.
When a court has In Rem Jurisdiction, it can adjudicate the rights of...
- ALL parties to the PROPERTY that is the subject of the action.
A claim arising out of a contract to perform services in the state or to pay someone in the state to perform services elsewhere, or out of the actual performance of such services can form as a basis for specific personal jurisdiction. True or False?
- True!
For specific Personam Jurisdiction, the Plaintiffs claim must arise out of the defendant's forum contacts; OR...
- be directly related to those contacts.
Gives courts in personam jurisdiction over out-of-state defendants but ONLY for the particular transactions involving that state.
*This is the purpose for...
-long arm statutes!
*Connection between the state, the Defendant and the lawsuit that creates the requisite minimum contacts and makes suing the Defendant there fundamentally fair.
What are the (3) exceptions to the long-arm statutes?
1.) Federal Interpleader Act;
2.) The Bulge Provision of the Federal Rules; and
3.) Unusual Provision (rare).
With in Rem Jurisdiction, suit may be any real property (land) or...
- personal property (like a bank account)
In rem jurisdiction exists over real property that is located...
- in the forum state!
If the exam is testing you on quasi-in rem (maybe related to property or property of a particular defendant), just remember to implement the ________ ________ test!
- minimum contacts test!
For Specific in Personam Jurisdiction, what is the constitutional test?
- Defendant must have sufficient minimum contacts with the forum such that the exercise of jurisdiction is fair.
*Fewer contacts are needed to make jurisdiction fair when the lawsuit is really about those contacts.
Some states are very broad with their long-arm statutes and they may say "the long-arm statute extends as far as the Constitution allows."
Some states are very broad with their long-arm statutes and they may say "the long-arm statute extends as far as the Constitution allows."
What is the Federal Interpleader Act?
- authorizes nationwide service of process;
- can serve anywhere in the United States and it will establish personal jurisdiction (this is with the authorization of congress)
For In Rem Jurisdiction, the state court's have power over...
- the property, which means the property must be located within the state!
In Rem Jurisdiction exists over personal property located in the...
- Forum state!
What is the purpose of a long-arm statute?
Long-arm statutes give courts in personam jurisdiction over out-of-state defendants but ONLY for the particular transactions involving that particular state.
What is the Buldge Provision of Federal Rule Exception to the Federal long-arm statute?
- allows service anywhere within 100 miles of the federal courthouse, even if in another state, in (2) situations:
1. for impleading third-party defendants; and
2. for joining necessary parties.
Quasi-In Rem Jurisdiction is RARE and just make sure to apply the minimum contacts test!
Quasi-In Rem Jurisdiction is RARE and just make sure to apply the minimum contacts test!
Can any claim regarding local property form a common basis for specific personal jurisdiction?
Yes!
*the property in the state can function as a minimum contact with the state!
Almost _________ is covered by a state's long-arm statute, so long as the claim arises out of a certain transaction involving that specific state.
- Almost everything is covered!
Unusual Provision Exception: Defendant is not subject to personal jurisdiction in ANY court and it applies only when Plaintiff is suing under Federal law. So long as the Defendant has sufficient contacts with the U.S. as a whole, the Federal court can exercise jurisdiction.
*Used rarely and common with foreign defendants with no contact with a particular state.