Civil Procedure questions and answers rated
A
Personal Jurisdiction General - The power of a court to affect rights of person or
thing. Limited by constitutional impositions of due process
Determining Whether court can exert PJ - 1. Determine if Defendant has waived
personal jurisdicion by consent 2. **Federal Courts look to Rule 4k1a and 4k1b 3.
Examine state long arm statute 4. Perform due process analysis using Burger King
for core analysis
Types of Personal Jurisdiction - 1. In personam 2. In Rem 3. Two Types of Quasi in
Rem
PJ - In personam - Jurisdiction over a person. Cannot have constructive service
PJ - In rem - Jurisdiction over property. Can have constructive service
PJ - Type 1 Quasi in rem - Resolves dispute about the property
PJ - Type 2 Quasi in rem - Dispute is unrelated to the property. The property is
attached to assert the court's jurisdiction over the property. *must be attached at
the outset (Pennoyer)
