Personal Jurisdiction Personal Jurisdiction refers to the ability of the court having subject matter

jurisdiction to exercise power over a particular defendant or item of property.

In Personam Jurisdiction Exists when the forum has power over the person of a particular
defendant.

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.

Quasi in Rem Jurisdiction Exists when the court has power to determine the rights of
particular individuals with respect to specific property within the court's control.

In Rem vs. Quasi in Rem Jurisdiction Quasi in Rem does not permit the court to
determine the rights of all persons in the world. A quasi in rem judgement does not bind the
defendant personally and cannot be enforced against any other property belonging to the
defendant.

Statutory Limitations on In Personam Jurisdiction (List) 1. Physical Presence at the Time of

Personal Service
2. Domicile
3. Consent
4. Long Arm Statute

Constitutional Limitations on In Personam Jurisdiction (List) 1. Sufficient Contacts with

the Forum
a. Traditional Rule Physical Power (Power to arrest)
b. Modern Due Process Standard: 1) Contact, Relatedness of Claim to Contract, and Fairness.
2. Notice

Physical Presence at the Time of Personal Service Service plus even transitory presence may
be a sufficient basis for in personam jurisdiction.

Service by Fraud or Force Invalid If a Plaintiff brings a defendant into a state by fraud or
force to serve process , most courts will find the service invalid.

Immunity of Parties and Witnesses Most states grant immunity from personal jurisdiction to
nonresidents who are present in the state solely to take part in a judicial proceeding or who are
passing through on their way to a judicial proceeding.

Domicile Refers to the place where a person maintains her permanent home. Chosen
through presence and intention to make place her home for people with capacity.

Consent Consent may be express or implied, or through making of a general appearance. A

person also can give advance consent by contract or by appointment of an agent to accept service
of process.
Long Arm Statutes Many states have long arm statutes that specify the circumstances under
which a state court may exercise personal jurisdiction over a particular defendant.

Traditional Power Rule: Physical Power Traditionally, jurisdiction was based on the power
to arrest the person (based on presence, residence, or consent) to force compliance with a
judgement.

Contact In personam jurisdiction requires that the defendant have "such minimum
contacts" with the forum that the exercise of jurisdiction would be fair and reasonable. The
defendant must must have purposefully availed herself "of the privileges of conducting activities
in the forum state, thus invoking the benefits and protections of its laws. The defendant must
know or reasonably anticipate that her activities in the forum render it forseeable that she may be
haled into court there.

Relatedness of Claim to Contract Whether the claim arises from the defendant's contacts with
the forum.

General Jurisdiction If the defendant engages in systematic and continuous activity in the
forum state such that the defendant is essentially at home there is personal jurisdiction over any
cause of action.

Specific Jurisdiction If the claim is related to the defendant's contacts with the forum, a court is
more likely to find that jurisdiction as to that claim is fair and reasonable.

Fairness The exercise of jurisdiction must not offend the "traditional notions of fair play
and substantial justice."

Fairness (Factors list) 1. Convenience

2.Legitimate interest
3. Plaintiff's interest
4. Interstate Judicial system's interest
5. Shared interest in furthering social policies.

Notice A reasonable method must be used to notify the defendant of a pending lawsuit so that
she may have an opportunity to appear and be heard.

Notice to Agents If the plaintiff appointed the defendants agent for service of process under
a contractual right for the plaintiff's benefit or the appointment is by operation of law, the agents
failure to notify the defendant will prohibit jurisdiction.

Notice to Multiple Parties When there are multiple or unknown parties, the best practical
means of notice available must be used, but if the plaintiff knows that the alternative method was
unsuccessful, he cannot proceed in the face of such knowledge.
Types of In Rem Jurisdiction Actions for condemnation, title registration, distribution of estate
assets, grants of divorce when only the complaining spouse is present and subject to personal
jurisdiction, etc.

Lack of In Rem Jurisdiction A court has no in rem power over property outside the state or
when property is brought into the state by fraud or force.

In Rem Jurisdiction Notice Persons whose interests are affected and whose address are known
must at least be notified by ordinary mail.

Types of Quasi In Rem Jurisdiction The first type involves disputes between parties over their
rights in property within the state. The second type involves disputes unrelated to the property.
Minimum contact applies to both.

Quasi in Rem Jurisdiction -Minimum Contacts In the first type of case, the close connection
between the litigation and the contact provides the necessary minimum contacts. In the second
type, the mere presence of the property in the state is not sufficient contact; there must be some
other basis to exercise jurisdiction.

Complete Diversity When Action Commenced Every plaintiff must be of diverse

citizenship from every defendant and the amount in controversy must also exceed the sum or
value of $75,000, exclusive of interest and costs.