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spark notes - Jurisdiction and Venue In order to hear and...

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Jurisdiction and Venue In order to hear and decide a case, a court must have (1) jurisdiction over the parties involved (personal jurisdiction); (2) jurisdiction over the subject matter involved (subject matter jurisdiction); and (3) proper venue. Personal Jurisdiction Three Types of Personal Jursidiction 1. In personam jurisdiction: Jurisdiction over the defendant’s person (i.e., individual, company, or other entity) because the defendant has ties to the forum state. 2. In rem jurisdiction: Jurisdiction over claims made about a piece of property or a particular status within the forum state (e.g., an action to quiet title to real estate or an action for divorce). 3. Quasi in rem jurisdiction: An alternative to personal jurisdiction, whereby judicial attachment of a defendant’s property located within the forum state is used as a way of securing jurisdiction over the defendant. Requirements for Establishing Personal Jurisdiction A federal court will apply the personal jurisdiction rules of the state in which it sits. The traditional bases of personal jurisdiction are: 1. Consent: The defendant may consent to jurisdiction. 2. Presence and in-state service: Jurisdiction exists over a defendant if he is personally served while physically within the state in which the court sits. 3. Domicile: A state has jurisdiction over a defendant if the defendant’s domicile (or current dwelling place) is located within that state, even though the defendant may be temporarily out of the state. Note: Corporations are subject to personal jurisdiction in all states where they are incorporated and in the one state where they maintain a principal place of business. 4. Minimum contacts: Allows service of process on a non-consenting defendant who is not within a state when such service is fair (i.e., when the defendant has a requisite amount of continuous and systematic minimum contacts with the state such that he would foresee the possibility of being sued in that state). 5. Non-resident motorists statutes: Allows a state to have jurisdiction over non-resident motorists involved in or causing accidents in that state. 6. In-state tortious conduct: Allows for jurisdiction over nonresident persons committing tortious actions within a state. 7. Owners of in-state property: States have jurisdiction over claims involving in-state property, even if the property owner is a nonresident or absent from the state. 8. Long-arm statute: Allows a court to have personal jurisdiction over an out-of-state, non-consenting defendant if the defendant has the requisite minimum contacts with the state and if it would be fair to do so. 9. Agency: A person may be sued in the forum state if he designates a third party to receive service of process on his behalf. 10.
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This note was uploaded on 07/06/2010 for the course LAW 051896 taught by Professor Duru during the Spring '10 term at Temple.

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spark notes - Jurisdiction and Venue In order to hear and...

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