Essay About Long-Arm Statute And Personal Jurisdiction

Civil Procedure
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Civil Procedure Flowchart
Choosing a Proper Court: The Three Rings
1. Personal Jurisdiction
A. There must be either a statute (usually long-arm statute) or rule enabling the
court to exercise jurisdiction
B. The exercise of personal jurisdiction must be within constitutional limits
i. Domicile: where a person plans to stay indefinitely
ii. Consent: inferred if objections waived
iii. Presence
iv. Personal service within jurisdiction
v. Minimum contacts
a. substantial/pervasive: general jurisdiction
b. single or continuous but limited: specific jurisdiction
c. no contacts or casual/isolated: no jurisdiction
d. purposeful availment (stream of commerce)
C. If jurisdiction enabled and constitutional, there must be no special
circumstances (extreme inconvenience to , lack of state interest in enforcing)
to merit denial of jurisdiction
D. Personal jurisdiction may be challenged
i. Common law, special appearance rule: can only make appearance to
object to jurisdiction; objection is waived if any issues are raised on the
merits
ii. FRCP 12: objections to personal jurisdiction can be raised with other
objections; objection is waived if not raised before