MBE Civil Procedure Test B
PERSONAL JURISDICTION "PJ" - answer1) Overview
2) Types of PJ
3) Statutory Limitations on PJ
4) Constitutional Limitations on PJ
5) Minimum Contacts
6) Fairness Factors for Minimum Contacts & General vs. Specific Jurisdiction
7) Notice Requirements
Personal Jurisdiction (Overview) - answer Personal Jurisdiction (PJ) involves the courts
ability to exercise authority over parties or their property binding them to the judgment of
the court.
Core concept is fairness - i.e., is it fair for this court to exercise jx over this D? Must
balance states' interest in protecting their citizens with individual due process rights.
Statutory and constitutional constraints can limits ct's jx
Personal jurisdiction must be statutorily authorized and constitutional:
Statutory - An applicable state law must authorize jurisdiction (usually a long arm statute
will apply)
Constitutional - Jurisdiction must satisfy due process
(1) Minimum Contacts- Parties must have minimum contacts with the forum state
(2) Adequate Notice - Parties must receive adequate notice of the action
In Rem Jurisdiction - answerIn rem is jx over property or status, including ownership
disputes.
A court adjudicates rights of parties with respect to property. The property must be
physically located in the forum state. This often involves estate issues, business
proceedings, or property disputes
Judgment is binding as to the disposition of property rights or status, not as to parties
personally
Quasi In Rem Jurisdiction - answerQuasi in rem is jx over persons where property is
attached. T
he property is attached for some reason not necessarily involving the property itself
(e.g. action against D and his assets due to fears D will flee state).
The court may render judgment as to persons with respect to property (rather than
judgment over person or property itself)
In Personam Jurisdiction - answerIn personamis jx over persons.
A court may render judgment (money or injunction) against an individual personally. In
personam jurisdiciton is based on a person's contacts with the forum state
Type of jx most likely to be tested on the MBE
,Statutory Limits on Personal Jurisdiction - answerState laws often determine when
courts may exercise jx. A federal court must analyze jx as would a state court in which it
sits and must follow applicable state statutes.
Reminder - court's exercise of jx must also satisfy constitutional requirements
Most state statutes grant in personam jx if either:
(1) Service of process - D is personally served in the forum state. Duration of D's
presence is irrelevant
(2) Domicile - D is domiciled in the forum state. Domicile means the D maintains
permanent home in the forum state. Court can exercise jx over domiciled persons even
if they are not physically present when served
(3) Consent - D consents to jx (can be express or implied)
(4) Long-arm - D's acts fall within the state's long-arm statute (LAS), this is the most
common
A general/unlimited LAS confers states' courts with jx to the extent allowed by the
Constitution
A limited/enumerated LAS specifies when state courts can exercise jx
Constitutional Limits on Personal Jurisdiction - answerTo be subject to PJ, D must have
such minimum contacts with the forum state that exercising jx does not offend traditional
notions of fair play and and substantial justice.
There must be minimum contacts, foreseeability, and fairness.
Minimum Contacts - answerD must have sufficient minimum contacts with the forum
state the inquiry focuses on (1) purposeful availment and (2) foreseeability
Purposeful Availment - D must purposefully avail herself of the forum states' laws and
protections (e.g. using roads, doing business instate, etc.)
Foreseeability - D must know or reasonably anticipate she could be held accountable
for her activities in the forum state
Circumstances that give rise to sufficient contacts:
domicile, consent, or presence in forum state
Circumstances that MAY give rise to sufficient contacts:
(1) Website - Interactive sites will be more likely to give rise to minimum contacts,
passive sites less likely. Interactive means two-way communication between user and
operator (e.g. information exchanged for the purpose of soliciting business, purchases
allowed). A passive site makes information available to interested viewers, but no
business is transacted
(2) Putting goods into stream of commerce -
Manufacturers may be held liable if they could reasonably expect consumers to
purchase their products in the forum state. But mere awareness that component parts
may reach forum as part of another product may be insufficient
, Fair Play & Substantial Justice - answerDue process requires that, assuming D has
minimum contacts with the forum state, exercise of jx must be fair (not offend traditional
notions of fair play & substantial justice).
Courts look at 3 factors in determining if jx is fair:
(1) Relatedness of Contacts & Claim - Analyzes whether D's contacts with the forum
state gave rise to the claim.
General jx claims do not arise from D's contact with the forum state. Rather D must
have systematic and continuous contacts with the forum state (e..g doing business,
domiciled) that it is "at home" in the forum state. D generally "at home" if it is
incorporated or has principal place of business in forum state. If found, D can be sued
for any claim arising in or out of the forum.
Specific jx claims arise from D's in-state contacts. Only minimum contacts must be
established. D can only be sued for claims arising from in-state contacts.
(2) Convenience - Convenience analyzes whether jx in the forum would severely
disadvantage D; must be so difficult that D is put at a severe disadvantage compared to
P.
(3) State's Interest - The forum state has an interest in providing redress for its
residents, or an interest in the outcome of the case.
Notice Requirements - answerDue process requires that D must be sufficiently notified
of a pending lawsuit.
Notice must be reasonably calculated under the circumstances to apprise the interested
parties of the pendency of the action and afford them an opportunity to be heard.
Traditional methods of notice such as personal delivery, registered mail, delivery to an
appointed agent satisfy due process.
P need not deliver notice personally; can be given by a court-appointed agent or agent
hired by P
If P know notice was not received by D (e.g. by mail), P cannot proceed if practical
alternatives to giving notice exist
SUBJECT MATTER JURISDICTION - answer1) Overview
2) Diveristy Jurisdiction
3) Diversity Jurisdiction: Complete Diversity
4) Diversity Jurisdiction: Amount in Controversy
5) Federal Question Jurisdiction
6) Supplemental Jurisdiction
7) Removal Jurisdiction
8) Erie Doctrine
Subject Matter Jurisdiction (Overview) - answerFederal courts must have authority over
the claim or controversy in question (as opposed to the parties or property, which is the
concern of PJ); SMJ refers to courts' ability to exercise that authority.
PERSONAL JURISDICTION "PJ" - answer1) Overview
2) Types of PJ
3) Statutory Limitations on PJ
4) Constitutional Limitations on PJ
5) Minimum Contacts
6) Fairness Factors for Minimum Contacts & General vs. Specific Jurisdiction
7) Notice Requirements
Personal Jurisdiction (Overview) - answer Personal Jurisdiction (PJ) involves the courts
ability to exercise authority over parties or their property binding them to the judgment of
the court.
Core concept is fairness - i.e., is it fair for this court to exercise jx over this D? Must
balance states' interest in protecting their citizens with individual due process rights.
Statutory and constitutional constraints can limits ct's jx
Personal jurisdiction must be statutorily authorized and constitutional:
Statutory - An applicable state law must authorize jurisdiction (usually a long arm statute
will apply)
Constitutional - Jurisdiction must satisfy due process
(1) Minimum Contacts- Parties must have minimum contacts with the forum state
(2) Adequate Notice - Parties must receive adequate notice of the action
In Rem Jurisdiction - answerIn rem is jx over property or status, including ownership
disputes.
A court adjudicates rights of parties with respect to property. The property must be
physically located in the forum state. This often involves estate issues, business
proceedings, or property disputes
Judgment is binding as to the disposition of property rights or status, not as to parties
personally
Quasi In Rem Jurisdiction - answerQuasi in rem is jx over persons where property is
attached. T
he property is attached for some reason not necessarily involving the property itself
(e.g. action against D and his assets due to fears D will flee state).
The court may render judgment as to persons with respect to property (rather than
judgment over person or property itself)
In Personam Jurisdiction - answerIn personamis jx over persons.
A court may render judgment (money or injunction) against an individual personally. In
personam jurisdiciton is based on a person's contacts with the forum state
Type of jx most likely to be tested on the MBE
,Statutory Limits on Personal Jurisdiction - answerState laws often determine when
courts may exercise jx. A federal court must analyze jx as would a state court in which it
sits and must follow applicable state statutes.
Reminder - court's exercise of jx must also satisfy constitutional requirements
Most state statutes grant in personam jx if either:
(1) Service of process - D is personally served in the forum state. Duration of D's
presence is irrelevant
(2) Domicile - D is domiciled in the forum state. Domicile means the D maintains
permanent home in the forum state. Court can exercise jx over domiciled persons even
if they are not physically present when served
(3) Consent - D consents to jx (can be express or implied)
(4) Long-arm - D's acts fall within the state's long-arm statute (LAS), this is the most
common
A general/unlimited LAS confers states' courts with jx to the extent allowed by the
Constitution
A limited/enumerated LAS specifies when state courts can exercise jx
Constitutional Limits on Personal Jurisdiction - answerTo be subject to PJ, D must have
such minimum contacts with the forum state that exercising jx does not offend traditional
notions of fair play and and substantial justice.
There must be minimum contacts, foreseeability, and fairness.
Minimum Contacts - answerD must have sufficient minimum contacts with the forum
state the inquiry focuses on (1) purposeful availment and (2) foreseeability
Purposeful Availment - D must purposefully avail herself of the forum states' laws and
protections (e.g. using roads, doing business instate, etc.)
Foreseeability - D must know or reasonably anticipate she could be held accountable
for her activities in the forum state
Circumstances that give rise to sufficient contacts:
domicile, consent, or presence in forum state
Circumstances that MAY give rise to sufficient contacts:
(1) Website - Interactive sites will be more likely to give rise to minimum contacts,
passive sites less likely. Interactive means two-way communication between user and
operator (e.g. information exchanged for the purpose of soliciting business, purchases
allowed). A passive site makes information available to interested viewers, but no
business is transacted
(2) Putting goods into stream of commerce -
Manufacturers may be held liable if they could reasonably expect consumers to
purchase their products in the forum state. But mere awareness that component parts
may reach forum as part of another product may be insufficient
, Fair Play & Substantial Justice - answerDue process requires that, assuming D has
minimum contacts with the forum state, exercise of jx must be fair (not offend traditional
notions of fair play & substantial justice).
Courts look at 3 factors in determining if jx is fair:
(1) Relatedness of Contacts & Claim - Analyzes whether D's contacts with the forum
state gave rise to the claim.
General jx claims do not arise from D's contact with the forum state. Rather D must
have systematic and continuous contacts with the forum state (e..g doing business,
domiciled) that it is "at home" in the forum state. D generally "at home" if it is
incorporated or has principal place of business in forum state. If found, D can be sued
for any claim arising in or out of the forum.
Specific jx claims arise from D's in-state contacts. Only minimum contacts must be
established. D can only be sued for claims arising from in-state contacts.
(2) Convenience - Convenience analyzes whether jx in the forum would severely
disadvantage D; must be so difficult that D is put at a severe disadvantage compared to
P.
(3) State's Interest - The forum state has an interest in providing redress for its
residents, or an interest in the outcome of the case.
Notice Requirements - answerDue process requires that D must be sufficiently notified
of a pending lawsuit.
Notice must be reasonably calculated under the circumstances to apprise the interested
parties of the pendency of the action and afford them an opportunity to be heard.
Traditional methods of notice such as personal delivery, registered mail, delivery to an
appointed agent satisfy due process.
P need not deliver notice personally; can be given by a court-appointed agent or agent
hired by P
If P know notice was not received by D (e.g. by mail), P cannot proceed if practical
alternatives to giving notice exist
SUBJECT MATTER JURISDICTION - answer1) Overview
2) Diveristy Jurisdiction
3) Diversity Jurisdiction: Complete Diversity
4) Diversity Jurisdiction: Amount in Controversy
5) Federal Question Jurisdiction
6) Supplemental Jurisdiction
7) Removal Jurisdiction
8) Erie Doctrine
Subject Matter Jurisdiction (Overview) - answerFederal courts must have authority over
the claim or controversy in question (as opposed to the parties or property, which is the
concern of PJ); SMJ refers to courts' ability to exercise that authority.
