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Personal Jurisdiction

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by

Ryan Beck

on 2 October 2015

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Transcript of Personal Jurisdiction

PERSONAL JURISDICTION
The OTHER requirement
What is personal jurisdiction (PJ)?
The authority of the court to bring the defendant before the court & enter a binding judgment against that defendant.
"The power of the court to reach out and touch the defendant."
Why do we care about PJ?
We want a court exerting power over you to have:

1) A vested interest in you

and

2) The right to make binding decisions over you
PUT ANOTHER WAY: Defendant's right to Due Process must not be violated.
Wait, what's "Due Process" again?
A Constitutional protection under the 5th & 14th Amendments
SAYS: Neither State nor Federal government can deprive a person of life, liberty, or property without due process of law.

PUT ANOTHER WAY: Law requires FAIRNESS.
So, a court must have personal jurisdiction over a defendant in a case because of due process?

Yes.
So how do we know if a court has PJ over D?
1) Domicile/Place of Business
2) Presence
3) Consent
4) Minimum Contacts
Courts in a D's home state always have PJ over D.
Serving D with complaint while in state gives that state's court PJ over D.
D can consent to a state's court having PJ over him.
Out of state D has enough contact/interaction with a state that the state court can exert PJ
Why do we automatically accept PJ in a state where we reside?

Because we knowingly submit ourselves to the power of that state.

PUT ANOTHER WAY: We are availing ourselves of that state's laws
& protections
NOTE: Consent to PJ typically happens by contract or agreement.
How does PJ through minimum contacts work?
Two-Step Process:
1) Exertion of PJ must comply with Due Process Clause of US Constitution




2) Exertion of PJ must comply with the state's long-arm statute
US SUPREME COURT SAYS:
A court can't exert PJ over an out-of-state D unless the D has sufficient contacts w/ the state to establish "
traditional notions of fair play and substantial justice
."
Test for minimum contacts:
Whether the D, by their actions, could have reasonably anticipated the possibility of defending a lawsuit in that state.

OR

Did D purposely avail themselves of state's laws?
What does that mean?
State's own laws must allow court to exert PJ over out-of-state D. These laws are called "long-arm statutes"
Ohio's Long-Arm Statute:
Ohio Rule of Civil Procedure 4.3
D subject to PJ in Ohio court if they:

1. Transact business within OH
2. Contract to supply goods/services in OH
3. Cause tortious injury to someone in OH
4. Own real property in OH
5. Insure someone in OH
6. Live in marriage within OH (even if they
leave later on)
Anything else required for PJ over a D?
Yep. Proper notice to D of lawsuit.

AKA: "No notice? No PJ."
Full transcript