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Civil Procedure • Personal Jurisdiction
CIVPRO#002
Legal Definition
Traditionally, courts can exercise personal jurisdiction: (1) over a defendant present in the forum state at the time of service, (2) over a defendant domiciled in the forum state, (3) where a defendant consents, or (4) in an action in rem.
Plain English Explanation
The traditional reasons for a court to establish personal jurisdiction are:
(1) When a defendant is served notice of being sued while they are currently within the state they are being sued in.
(2) When a defendant lives within the state they are being sued in.
(3) When a defendant agrees to be sued in the state they are being sued in. Or
(4) When the lawsuit is regarding an item of property that exists inside of the state the defendant is being sued in.
(1) When a defendant is served notice of being sued while they are currently within the state they are being sued in.
(2) When a defendant lives within the state they are being sued in.
(3) When a defendant agrees to be sued in the state they are being sued in. Or
(4) When the lawsuit is regarding an item of property that exists inside of the state the defendant is being sued in.
Hypothetical
Hypo 1: Sam lives in State X, Bob lives in State Z. Sam wants to sue Bob for damaging his property. Bob wants to fly to State A to visit his mom. On his way to State A, he must change flights in State X. After getting off his flight, a man serves Bob with notice of being sued. Result: State X has personal jurisdiction over Bob because he was physically in State X when he was served.
Hypo 2: Sam lives in State X, Bob lives in State Z. Sam hires Bob to build chairs for him. Sam's contract for Bob includes a clause that states that all parties agree to be held under State X laws and jurisdiction. Result: State X has personal jurisdiction over Bob because he agreed to it.
Hypo 2: Sam lives in State X, Bob lives in State Z. Sam hires Bob to build chairs for him. Sam's contract for Bob includes a clause that states that all parties agree to be held under State X laws and jurisdiction. Result: State X has personal jurisdiction over Bob because he agreed to it.
Visual Aids
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