CIVIL PROCEDURE 1 QUESTIONS AND
ANSWERS 2024/2025. STUDY GUIDE FOR
EXAM PREPARATION
1. 3 Types of Personal Jx:
1) In Personam Jx
2) In Rem
3) Quasi-in-Rem Jx
2. Personal Jx Analysis (2): Personal Jx is NOT self-executing, and is
considered waived not asserted.
A court can exercise Personal Jx only if:
1) State Jx Statutes (4 Bases/*Presence*)
a) Service of Process (*Voluntary Presence*)
b) Domicile
c) Consent/Waiver
d) Long-Arm Statute
2) Due Process Clause of the U.S. Constitution (*Fairness*)
I. Min. Contacts (Foreseeability) (Purposeful Availment)
Il. Fairness & Substantial Justice
Ill. Notice & Hearing
3. Service of Process (where?): General Rule: Service of Process is limited
to the State where the District Ct. sits, OR if there is a *long-arm
statute*.
EXCEPTION: 100-Mile Bulge Provision. Out of State Service extends
100 Miles away from the District Ct. ONLY IF it pertains to 3rd party
Defendants or Indispensable Parties.
,4. The primary Question asked of Personal Jx: "Can a P sue D in
*this state? Is this Fair? * 'V
5. Effect of State Jx Statutes on Personal Jx in Fed. Ct.: A Federal Ct.
generally does NOT have nationwide personal Jx with few
exceptions.
A Fed. Ct. must generally determine personal Jx as if it were a State
Ct. in the state in which it is situated. Thus, a Fed. Ct. will look to
state Jx statutes to determine if it has authority over the parties
before it.
*Rule 4(k) (1)(A) *: The service of a summons in a Federal Action
establishes personal jurisdiction over a D "*who is subject to the
jurisdiction of a court of general jurisdiction in the state where the
District Ct. is located."*
6. May a Party *Consent* to Personal Jx? If so, how? Yes, unlike
with Subject
Matter Jx, consent may be given. Consent may be express, implied,
or made by a voluntary appearance.
Likewise, a party can *waive* their right to object to Personal Jx if they
fail to assert it.
*Rule 12(b)*: For Example, the Defenses of Lack of In Personam Jx,
Insufficiency of Process, & Insufficiency of Service of Process must
be asserted, and it must be done so with a responsive pleading or
by motion *before* a responsive pleading is submitted.
7. In Personam Jurisdiction: Power that a Ct. has over a party's
person. A judgment made in *In Personam Jurisdiction* creates a
, *personal obligation/debt* that is enforced nationwide via the *Full
Faith & Credit Clause*.
8. 4 Bases for In Personam Jurisdiction
(i.e. Most State Statutes grant courts In Personam Jx if): 1)
Service of Process
(*Voluntary Presence*)
2) Domicile
3) Consent/Waiver
4) Long-Arm Statute
9. Service of Process (#1 in "Bases for In Personam Jx")
2 Exceptions: If a D is *voluntarily present* in the forum state and is
served with process while there, then the state has in personam
jurisdiction over D.
2 Exceptions
1) P fraudulently cannot bring D into state for the purpose of serving
him;
2) D is immune if passing through state to attend judiciary
proceedings.
10. Domicile (#2 in "Bases for In Personam Jx"): If authorized by statute,
a state can have In Personam Jx over D who is domiciled within the state,
even if the person is temporarily absent from the state.
Domicile is established when a person with capacity intends to make
that state his home.
1 1. Consent/Waiver (#3 in "Bases for In Personam Jx")
ANSWERS 2024/2025. STUDY GUIDE FOR
EXAM PREPARATION
1. 3 Types of Personal Jx:
1) In Personam Jx
2) In Rem
3) Quasi-in-Rem Jx
2. Personal Jx Analysis (2): Personal Jx is NOT self-executing, and is
considered waived not asserted.
A court can exercise Personal Jx only if:
1) State Jx Statutes (4 Bases/*Presence*)
a) Service of Process (*Voluntary Presence*)
b) Domicile
c) Consent/Waiver
d) Long-Arm Statute
2) Due Process Clause of the U.S. Constitution (*Fairness*)
I. Min. Contacts (Foreseeability) (Purposeful Availment)
Il. Fairness & Substantial Justice
Ill. Notice & Hearing
3. Service of Process (where?): General Rule: Service of Process is limited
to the State where the District Ct. sits, OR if there is a *long-arm
statute*.
EXCEPTION: 100-Mile Bulge Provision. Out of State Service extends
100 Miles away from the District Ct. ONLY IF it pertains to 3rd party
Defendants or Indispensable Parties.
,4. The primary Question asked of Personal Jx: "Can a P sue D in
*this state? Is this Fair? * 'V
5. Effect of State Jx Statutes on Personal Jx in Fed. Ct.: A Federal Ct.
generally does NOT have nationwide personal Jx with few
exceptions.
A Fed. Ct. must generally determine personal Jx as if it were a State
Ct. in the state in which it is situated. Thus, a Fed. Ct. will look to
state Jx statutes to determine if it has authority over the parties
before it.
*Rule 4(k) (1)(A) *: The service of a summons in a Federal Action
establishes personal jurisdiction over a D "*who is subject to the
jurisdiction of a court of general jurisdiction in the state where the
District Ct. is located."*
6. May a Party *Consent* to Personal Jx? If so, how? Yes, unlike
with Subject
Matter Jx, consent may be given. Consent may be express, implied,
or made by a voluntary appearance.
Likewise, a party can *waive* their right to object to Personal Jx if they
fail to assert it.
*Rule 12(b)*: For Example, the Defenses of Lack of In Personam Jx,
Insufficiency of Process, & Insufficiency of Service of Process must
be asserted, and it must be done so with a responsive pleading or
by motion *before* a responsive pleading is submitted.
7. In Personam Jurisdiction: Power that a Ct. has over a party's
person. A judgment made in *In Personam Jurisdiction* creates a
, *personal obligation/debt* that is enforced nationwide via the *Full
Faith & Credit Clause*.
8. 4 Bases for In Personam Jurisdiction
(i.e. Most State Statutes grant courts In Personam Jx if): 1)
Service of Process
(*Voluntary Presence*)
2) Domicile
3) Consent/Waiver
4) Long-Arm Statute
9. Service of Process (#1 in "Bases for In Personam Jx")
2 Exceptions: If a D is *voluntarily present* in the forum state and is
served with process while there, then the state has in personam
jurisdiction over D.
2 Exceptions
1) P fraudulently cannot bring D into state for the purpose of serving
him;
2) D is immune if passing through state to attend judiciary
proceedings.
10. Domicile (#2 in "Bases for In Personam Jx"): If authorized by statute,
a state can have In Personam Jx over D who is domiciled within the state,
even if the person is temporarily absent from the state.
Domicile is established when a person with capacity intends to make
that state his home.
1 1. Consent/Waiver (#3 in "Bases for In Personam Jx")
