Personal Jurisdiction

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Personal Jurisdiction Defined

Back 1

Jurisdiction over the persons or entities involved in the law suit.

Front 2

What question do you ask to determine PJ?

Back 2

"What right does a court have to determine the rights of the parties involved in the action?"

Basically, whether it would be fair for the court to issue a judgment against that person.

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2 elements that must be satisfied for a court to have Personal Jurisdiction

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1. The law that governs the court must give it authority to assert jurisdiction over the parties to the case;

AND

2. The jurisdiction must not violate the "due process" clause of the Fourteenth Amendment.

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Due Process divided into 2 categories

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1. Substantive due process - limitation on the power of the court to act and exercise power over property or a person or entity. "It can't be unfair for the court to exercise jurisdiction over the defendant."

2. Procedural due process - requires D receive adequate notice of the pending action and an opportunity to be heard.

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Article 3 of the Constitution

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Authorizes the establishment of the system of Federal courts

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Article 3, Section 2

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Sets the limits of Federal Judicial Authority

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Full Faith and Credit Clause

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Requires that one state

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Consent

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A party's consent to the jurisdiction of a court allows the court jurisdiction over that party.

Through a contract or agreement.

P's corporation has its principal place of business in FL. D is from Iowa. In the signed lease was a paragraph that stated, "The Lessee designates Joe Smith of 12 Main Street, Jupiter, FL as agent for the purpose of accepting service of any process within Florida.

Permissible.

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Consent Exceptions

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1. Fraud

2. Overreaching

3. Grave Inconvenience

4. or Violation of the forum's public policy

Unequal bargaining Power between parties is a factor that may render consent ineffective.

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Waiving Jurisdiction

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A party can waive jurisdiction or not objecting lack of PJ in a timely fashion.

RULE 12 - D has 20 days after summons and complaint to file answer or object to jurisdiction.

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Rule 12(b)(2) allows the defendant to..

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Object to PJ through motion.

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Rules 12(g) and 12(h)(1) provide that an objection not raised is.....

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WAIVED!

example: Plaintiff brought action against defendants in federal court and served defendants with a summons and complaint. Defendants included objection to personal jurisdiction in their original answer. Plaintiff then filed an amended complaint containing a new count. Defendants did not object to jurisdiction regarding the new count. Because the defendants failed to object, the defendants waived lack of jurisdiction as a defense, even as to the additional count.

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Counter Claims and PJ

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The United State Supreme Court has held that a plaintiff, by virtue of filing the complaint, consents to personal jurisdiction over any counterclaims filed against it.

So, if you sue someone, and it's determined that you've got the jurisdiction to sue them, then they logically have the jurisdiction to sue you back.

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3 types of Personal Jurisdiction

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In Personam

In Rem

Quasi In Rem

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In Personam

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The jurisdiction of a court over a person

(as opposed to his interest or property)

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in-Rem

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Power of a court over Real or Personal Property

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Quasi in Rem

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operates on property within the forum state and not directly against the person of individual interest.