1. Personal Jurisdiction (Due Process Clause 14A)

Question 1

What is required for in personam jurisdiction?

Answer 1

1) Authorisation by Forum’s long-arm statute

2) Authorisation by Due Process Clause (14A) of Constitution
- Nexus with Forum
- Notice

Question 2

What is required for Defendant to have sufficient nexus with Forum?

Answer 2

General jurisdiction

• Defendant individual domiciled in Forum
• Defendant corporation incorporated/PPB (essentially at home) in Forum

Specific jurisdiction

• Plaintiff’s claim arose out of Defendant’s contact with Forum
• Fairness (not offend traditional notions of justice)

Question 3

What is required for sufficient contact in terms of specific jurisdiction?

Answer 3

Business

1) Purposeful availment of privilege of doing business in Forum
- Targeting Forum to receive economic benefits
- Knowing/Hoping product ends up in Forum
2) Foreseeability of being ‘haled into court’ in Forum

Court proceedings

1) Physical presence
2) Served with notice (NOT testifying)

Question 4

What type of jurisdiction can courts exercise over internet related cases?

Answer 4

Active websites (general jurisdiction)
- Defendant is domiciled in Forum

Passive websites (specific jurisdiction)

• Defendant targets customers in Forum
• Defendant publicises information in Forum only

Question 5

What is fair specific jurisdiction?

Answer 5

Convenient forum for Plaintiff/Defendant

Redress availability

Efficient judicial system

Question 6

Where is a corporation’s principal place of business?

Answer 6

High-level officers direct, control + coordinate Corp’s activities
- HQ

Question 7

What is in rem jurisdiction?

Answer 7

Forum has jurisdiction over D’s property

Question 8

What is quasi-in rem jurisdiction?

Answer 8

1) Forum has NO in personam jurisdiction over D
2) Forum has in rem jurisdiction over D’s property within Forum

3) Forum can use in rem jurisdiction to force D to attend court in Forum to prevent losing property
- Property must have value
- D must have control + ownership of property
- Forum must provide notice to D (PDP)
- Forum must have contact with D/property (SDP)