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power of a court to enter a judgment against a specific defendant
Who has the duty to prove PJ?
- It is the duty of the party asserting a claim (usually the P) to demonstrate that the
- court has PJ
How/When is PJ raised?
- RULE 12(b)(2)-Lack of personal jurisdiction. Defendant must raise challenge to
- personal jurisdiction within the initial response or it is waived. No other
- party other than D will/can raise motion (no sua sponte decision or P)
Define in personam jurisdiction:
- Jurisdiction over a person based on the person’s obligations in the
- state. A person’s actions/personal
- obligations are at issue (IE: torts like speeding).
- I) Stems from
- the notion that a state has exclusive control over all people within its
- territory; usually accessed when person is physically present or is a citizen
- II) Corporations
- are a legal entity which can only act through its agents and agencies
Define in rem:
- Jurisdiction over a D based on the D’s actual property within the state (but only up the the
- value of the property). Status of property is at issue (IE: challenging title
- to property like liens, AP)
- II) State can
- obtain in rem jurisdiction if the nonresident owns property within the state
- and that property is attached is of issue at the very outset of litigation; constructive notice sufficient if property is attached to suit
(land) or Intangible Property
(bank accounts or debt)
Define quasi in rem
- A person’s actions/personal obligations are at issue (action against the person—suit
- is unrelated to property) but they own property within the state that subject
- the D to PJ
I) Recovery is limited to the value of the property that is within the jurisdiction
Define long arm statute
a legislative grant that allows a state to extend and exercise jurisdiction over a non-resident defendant.
What is NC's Long-arm statute?
- P.S. She Asked
- If God Promised Forgiveness Cuz That
- Is Really Material
- (1) Local Presence
- or Status—
(b) Domicile (individual or corp)
(2) Special Jurisdiction Statute
- (c) Substantial
- activity within the state
s—another statute says PJ is proper
- (3) Local Act or
- Omission—tort occurred in the
- (4) Local Injury;
- Foreign Act—tort occurred in the
- state, but caused a tort produced outside the state plus at the time of injury:
- (a) Solicitation
- or services in NC
- (b) Use or consumption
- of D’s products in NC (Grey)
- (c) Advertisements/Junk
- (5) Local Services, Goods or
- Contracts—contracts where
- performance occurs in the state
- (a) Includes D
- ships goods/service to D in NC (w/ or w/o regard to where delivery ends)
(6) Local Property
- (i) Brennan’s
- approach to the stream of commerce
—real, personal, or tangible property in the state
- (7) Deficiency Judgment on a Local Foreclosure
- or Resale—debt still owed in NC
- (8) Director or Officer of a Domestic Corporation—Corporation incorporated in NC-can bring in
- director/officer (even if director/officer outside state) *(does not include principal place)*
—owe taxes in the state
- (10) Insurance or Insurers—insurance company
- insures in NC
- (11) Personal Representative—executor, legal representatives take NC domicile of decedent of any
- event based on 2-10
- (12) Marital Relationship—Couple marries in
- the state… PJ exist if a spouse remains in NC
Domicile and PJ?
- jurisdiction even when the D is not physically
- within the state when served.
- (a) Individual—domicile:
- residence and the intent to remain indefinitely.
- (i) State of
Physical Presence and PJ?
What's transient jurisdiction?
- voluntary physical presence comports with due process, regardless of D’s contacts with
- the forum state.
- (a) Transient (or “Tag”) Jurisdiction—if present and served in the forum state, then that alone
- is enough, no matter how fleeting the visit. Does not violate Due Process. Applies to individuals traveling through a state.
- (i) Present
- because of fraud or misrepresentation.
(ii) Present by force or duress
(iii)Present as a witness in a legal proceeding
Consent and PJ?
- based on voluntary physical presence comports with due process, regardless of D’s
- contacts with the forum state
- (a) If a party
- consents to jurisdiction, the Due Process requirement of fairness is satisfied.
- (b) A D consents to PJ either by expressly
- agreeing to submit to the court or by performing certain acts that constitute a
- waiver of objections to PJ or by failing to assert a defense of lack of
Forum selection v. choice of law
- (i) Choice of Law Provision—specifies
- what law governs disputes but does not specifiy the state forum; —may
- indicate that a party purposefully availed himself of the benefits and protections of the forum state.
- (ii) Choice of Forum Provision—indicates
- location the lawsuit takes place
K plus factors
- 2. Contemplated
- future consequences of K
4. Course of dealing
What's the general rule for a tort that occurs in a state?
What's the effects tests?
- GR: merely causing an effect within the forum
- state without purposeful availment will not support jurisdiction.
P's unilateral acts are not sufficient!!!!!!
3 Prong Effects Test
1. Committed an intentional tort
2. Expressly aimed at the forum state
- 3. Causing harm, the brunt of which is sufferend and which the D knows is likely to
…in the forum state
What are the reasonableness and fairness factors?
(a) Burden on the D
- jurisdiction cannot offend traditional notions of
- fair play and substantial justice
- (i) Foreign v.
- local citizenship; judicial systems
- (ii) Availability
- of witnesses, evidence, costs, etc.
- (b) Interests
- of the forum state
- (i) Protecting
- its own citizens.
(c) P’s interest in obtaining relief
- (ii) Enforcing its
- own laws.
(e) Shared interests of states to further social policies
- (d) Interstate
- and international judicial efficiency (commodity)
What is pendent jurisdiction?
RULE 4(k)(1)(a) – Pendent Jurisdiction: Federal Court Piggy-Backs on State Court
- I) Once a district court has personal jurisdiction over a D for one claim, the federal
- gov’t can "piggyback" onto that claim other claims over which it lacks independent personal jurisdiction, provided that all the claims arise
- from the same facts as the claim over which it has proper personal
Interlocutory—appeal before the litigation is completed
II) NC-PJ is considered a SUBSTANTIAL RIGHT
, therefore the D can file an interlocury appeal to challenge PJ
- III)Federal—D cannot file an interlocutory appeal to challenge PJ, D will have to wait until
- after initial judgment, then file appeal