2. Personal Jurisdiction

Question 1

Which party does personal jurisdiction protect and why?

Answer 1

PJ protects the defendant from having to defend a lawsuit in a faraway forum that’s fundamentally unfair. PJ is all about fairness.

Question 2

What type of personal jurisdiction is “in rem”, what type is “in personam”, and what type is “quasi in rem”?

Answer 2

in rem - is specific jurisdiction because the property attached and the action pertains to ownership of property which is specific

in personam - is general jurisdiction because it is when the action pertains to personal rights and obligations which is dispute blind

quasi in rem - is general jurisdiction because when property is attached but does not relate to ownership of the property but rather it limits amount award to value of property, this is still dispute blind

Question 3

What test can be used to determine specific jurisdiction? Describe it

Answer 3

Minimum Contacts Test

Step 1
Creates contact with the forum AND the dispute arises out of that contact

Step 2
Reasonableness factors considered
(1) burden on defendant
(2) state’s interest in adjudicating the suit
(3) plaintiff’s interest
(4) interest of the judicial system for public policy
(5) interest of the judicial system in efficiency

Question 4

What are ways contacts can be made that satisfy the minimum contacts test for specific jurisdiction?

Answer 4

(1) purposeful availment
(2) stream of commerce
(3) contracts as contacts test
(4) effects test

Question 5

How is purposeful availment determined?

Answer 5

If the defendant purposefully engaged in conduct aimed at the forum state then that conduct is a contact sufficient for the minimum contact test.

example of purposeful availment
accidently crossing into another state and getting in an accident

Question 6

How is the nexus requirement determined?

Answer 6

If the dispute arises out of the contact with the forum state or if there is a substantial and systematic relationship with the forum state that is the proximate cause or sufficiently “related to” the cause of action, the nexus is likely satisfied.

Question 7

What are the reasonableness factors that will be considered after the minimum contacts test is met for specific personal jurisdiction?

Answer 7

(1) Burden on the defendant
(2) State’s interest in adjudicating the lawsuit
(3) Plaintiff’s interest
(4) Interest of the interstate judicial system (efficiency, public policy)