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Chapter 2 Personal Jurisdiction.

 Overview

  1. Limitations on Personal Jurisdiction

Limitations on a court’s personal jurisdiction arise from two sources; state statues and the United States Constitution. An exercise of personal jurisdiction must not exceed the limitation of either source.

2. Three Types of Personal Jurisdiction

  1. In Personam Jurisdiction

In personam jurisdiction exists when the forum has power over the person of a particular defendant.

  1. In Rem Jurisdiction

In rem jurisdiction exists when the court has power to adjudicate the rights of all persons in the world with respect to a particular item of property.

  1. Quasi in Rem Jurisdiction

One type of quasi in rem jurisdiction exists when the court has power to determine whether particular individual own specific property within the court’s control.

II. Statutory Limitations on In Personam Jurisdiction

  1. Physical Presence at Time of Person

Most states grant their courts in personam jurisdiction over any defendant who can be served with process within the borders of the state,no matter how long he was present(i. e. ,e- ven if merely passing through) .

  1. State Law Exceptions to Traditional Rule

Even though jurisdiction through presence at the time of service has been upheld under the Constitution, state statutes and court decisions have limited the power of their courts in certain situations.

  1. Domicile

Most states grant their courts in personam jurisdiction over persons who are domiciliaries of the state,even when the defendant is not physically within the state when served with process.

  1. Consent                            

Virtually every state provides for in personam jurisdiction through the defendant’s consent.Such consent may be express or implied or through the making of a general appearance.

  1. Express Consent

A party’s express consent to the jurisdiction of local courts, whether given before or after suit is commenced, serves as a sufficient basis for in personam jurisdiction.

  1. Implied  Consent

When the state has substantial reason to regulate the in - state activity of a nonresident of the state,it may provide that by engaging in such activity,the nonresident thereby appoints a designated state official as his agent for service of process.

     3 Voluntary Appearance

A defendant may consent to jurisdiction by a voluntary appearance, i. e. ,by contesting the case without challenging personal jurisdiction.

  1. Long Arm Statutes

Most states also grant their courts in personam jurisdiction over nonresidents who perform or cause to be performed certain acts within the state. In personam jurisdiction is granted re­gardless of whether the defendant is served within or outside the forum,but is limited to causes of action arising from the acts performed within the state.

III. Constitutional Limitations on In Personam Jurisdiction

Once it is determined that a state has a statute that allows the court to exercise in perso­nam jurisdiction over the parties before it,the constitutionality of the exercise must next be de­termined. There are two components of the constitutional aspect; contacts with the forum and no­tice.

  1. Sufficient Contacts with the Forum  Contact and Fairness

Traditionally jurisdiction over a person(or res) was a consequence of the state’s physical power to carry out its judgment ;i. e. , it was based on the power to arrest the person to force compliance with a judgment.

  1. Notice

In addition to the requirement that the defendant have such minimum contacts with the fo­rum to render the exercise of jurisdiction there faire and reasonable, due process also requires that a reasonable method be used to notify the defendant of a pending lawsuit so that she may have an opportunity to appear and be heard.

IV . In Rem Jurisdiction

As stated above, in rem actions adjudicate rights of all persons with respect to properly lo­cated in the state. An in rem judgment does not bind the parties personally, but is as to the dis­position of the property in the state.

V. Quasi In Rem Jurisdiction

Quasi In Rem Jurisdiction permits a court without in personam jurisdiction to determine certain disputes between a plaintiff and defendant regarding property when the property is loca­ted in the forum state.

 

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