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Civil Procedure II
UMKC School of Law
Achtenberg, David Jacks

Personal Jurisdiction
 
I.                  Decide which form of PJ will apply –
 
·        The answer should be in the following format:
__________ has __________ jurisdiction over __________ because the requirement is __________ and the facts are __________. 
**If there is more than one plausible basis for PJ then discuss each separately. 
 
II.                Analyze Types of PJ – Does a statute grant jurisdiction? Is the exercise of Personal Jurisdiction upon these facts constitutional? 
 
·        In Personam Jurisdiction (court has power over D)
o       Constitutional Standard – 14th Amendment Due Process Clause defines the outer bounds of when jurisdiction is permissible
§         Constitution only permits states to exercise jurisdiction when: (5 Keys to Ct. House):
·        General Jurisdiction / General Contact-Based Jurisdiction- Can be sued on a claim that arises from any where in the world
o       Pennoyer v. Neff [J1] – The state has power, and therefore jurisdiction, over people and things within its boundaries – Four traditional bases of in personam jurisdiction :
§         Defendant was served with process in the forum – general jurisdiction (presence as the basis of jurisdiction)
[J2] o        Defendant’s agent was served while in the forum
o       Defendant is domiciled in the forum
[J3] o        Defendant consents to personal jurisdiction
[J4] o        If a D has contacts with the state that are systematic and continuous then the D can be sued there for any cause of action, even for causes of action not arising out of those contacts (Helicopteros v. Hall)
o       When suit does NOT arise out of non-resident D’s activity in a forum state, state court can only exercise jurisdiction when D’s contacts with state are so systematic and continuous as to confer general jurisdiction (Helicopteros)
o       This means that the D can be sued for anything in the forum state, not just suits arising out of his primary contacts in the state
o       Regular trips and purchases in the state may not be enough, however (Helicopteros)
·       

xpanded by International Shoe)
§         Even if only there temporarily and even if suit is unrelated to their presence in the state Burnham
·        Consent Jurisdiction (general or specific depending on the consent)
o       The State has Consent Jurisdiction over the D b/c
§         The D agreed to be sued in the forum state and therefore he can be sued in the forum state in which D
§         Consented in the litigation
·        Appeared in court without objecting to PJ
·        Waived PJ intentionally
Waived PJ unintentionally
 [J1]This case illustrates how tough it is to get in personam jurisdiction… International Shoe modified this by shifting to minimum contacts….WWVW further refined the minimum contacts requirement
 [J2]General / Transient Jurisdiction
 [J3]General/ Domicile Jurisdiction
 [J4] Consent Jurisdiction