P.J.

Question 1

12(b)(2)

Answer 1

defense raised of lack of P.J. by motion

Question 2

What does it mean to say that a court has “personal jurisdiction” over the defendant?

Answer 2

the court has the power or the authority to issue a summons that may be served on the defendant to compel him to appear and defend himself; further it means, that the court has the authority to enter a valid judgment against him (which can be enforced anywhere in the U.S.)

Question 3

What does it mean when a federal district judge tells the parties: “The motion to dismiss under Rule 12(b)(1) is denied, because I believe I do have subject-matter jurisdiction in this case”?

Answer 3

“I have the power to hear the kinds of claims asserted in this case – just like every other federal district judge in the country – and so the plaintiff was not required to file this complaint in state court.”

Question 4

What does it mean when a federal district judge tells the parties: “The motion to dismiss under Rule 12(b)(2) is denied, because I believe I do have personal jurisdiction in this case”?

Answer 4

“I have power over the defendants in this case and can enter a binding judgment against them – just like every state and federal judge in this State – and so the plaintiff was not required to file this complaint in some other State (or country).”

Question 5

When a defendant moves to dismiss under FRCP 12(b)(1) for lack of subject matter jurisdiction, he is asking the judge to conclude that the case belongs ___________.

Answer 5

in state court

Question 6

When a defendant moves to dismiss under FRCP 12(b)(2) for lack of personal jurisdiction, he is arguing that the case belongs _________________.

Answer 6

in a different state/country.

Question 7

3 Major Diff’s b/n SMJ and PJ:

Answer 7

SMJ – jurisdiction over claims while PJ is jurisdiction over parties; SMJ has nothing to do w geography [except Court of Appeals] while PJ always defined and limited entirely by geography; SMJ cannot be created by the consent of parties while PJ can be created by consent– this objection can be waived.

Question 8

If any federal district judge in the country has subject matter jurisdiction,

Answer 8

then every federal district judge in the country does.

Question 9

If any state judge (on a court of general jurisdiction) in the country has subject matter jurisdiction,

Answer 9

then every state judge of general jurisdiction in the country does.

Question 10

If any state court judge in Virginia has personal jurisdiction over the defendant in a case,

Answer 10

then every judge in VA does.

Question 11

What still holds true for no good reason in Pennoyer case?

Answer 11

state boundaries are decisive in determining whether a court has personal jurisdiction over a defendant.

Question 12

In Daimler, what did the Supreme Court mean when it referred to “International Shoe’s momentous departure from Pennoyer’s rigidly territorial focus”?

Answer 12

International Shoe Co. v. Washington (1945): A court may exercise “long arm” personal jurisdiction over some out-of-State defendants – where that is consistent with “fair play and substantial justice.”

Question 13

The Supreme Court has often said that the Due Process Clause allows “out-of-state defendants to structure their primary conduct with some minimal assurance as to where their conduct will and will not render them liable to suit.” What does this mean?

Answer 13

In the opinion of the Supreme Court, the Due Process Clause gives you a constitutional right to carefully plan your conduct and your affairs to ensure that nobody can ever force you to appear and defend yourself in a civil lawsuit anywhere in Ohio.

Question 14

What is the deadline to raise defense for lack of P.J., venue, sufficiency of process, or service of process?

Answer 14

notify court in writing within 6 weeks from the day client is served (also have to notify P’s lawyer)

Question 15

Like SMJ, PJ is governed by both…

Answer 15

the Constitution (Due Process Clause) and statutes (“long arm” statute varies by each state; fed. ct– FRCP 4(k))

Question 16

What are the 2 parts to the inquiry?

Answer 16

The Constitution – permits states and the U.S. to give courts PJ over only some Ds; Statutory Law – may choose to give the courts some or all of that power

Question 17

FRCP 4(k)(1) – only law to incorporate state law

Answer 17

Territorial Limits of Effective Service:
Serving a summons establishes PJ over a D who is subject to the juris. in the state where the district court is located, OR [exceptions!] who is a party brought by D (bulge rule) OR when authorized by fed. stat. (nationwide service of process)

Question 18

FRCP 4(k)(2)

Answer 18

Territorial Limits of Effective Service:
Fed. Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons establishes PJ over a D if not subject to juris. in any state’s courts of gen. juris. and exercising juris. is consistent w U.S. Constitution and laws.

Question 19

What makes FRCP 82 ambiguous?

Answer 19

Jurisdiction and Venue Unaffected: These rules do not extend or limit the [subject matter] jurisdiction of the district courts or the venue of actions in those courts.