Are we in the right court? Personal Jdxn **********

Question 1

Traditional bases of PJ

Answer 1

a. Being voluntarily present in State X when being served with process for a suit, then ∆ is subject to general jdxn – this alone satisfies the const reqs too!
b. Domiciled in forum state

c. Consent to PJ
i. but cant consent to SMJ

d. ∆ has committed acts bringing him within forum’s long arm statutes – look to statute. e.g. tort occurs in state, COA arises out of the tx of business or ownership of property.

Question 2

2 step analysis for PJ

Answer 2

1) state statute 2) DP “Fair play subst justice”:contact, relatedness, fairness (burdens, state interest, π interest)
a. Step 1: satisfy state statute. vary state by state. ii. most states just say DP is the only consideration

b. Step 2: satisfy DP– always satisfied if general PJ (served in state or domiciled in state). if specific PJ (bc activities relate to state) :
i. constitutional analysis: does ∆ have “minimum contacts with the forum so jdxn doesn’t offend traditional notions of fair play and substantial justice”
2. Contact – must be relevant contact between ∆ and forum state. 2 factors: did ∆ personally avail himself, and was a lawsuit foreseeable
3. Relatedness – specific PJ: is this conduct related to the π’s claim. does π’s claim arise from ∆’s contact with the forum. or can have general PJ.
4. Fairness—would jdxn be fair or reasonable under the circumstances. 3 factors: burden on ∆ and witnesses (relative wealth of parties doesnt matter); state interest; πinterest

Question 3

General PJ analysis, human or corporation

Answer 3

1. ∆ is at home in the forum
   a. human always at home where domiciled
   b. corporation – today corp always at home:
   i. anywhere incorporated (can be multiple states)
   ii. where it has principal place of biz
   iii. or a place which has virtually all of a corp’s biz. rare.

in evaluating PJ of corp: ask 1) does it have general jdxn 2) does it have specific jdxn, i.e. did it avail itself of the state IN THIS CASE

Question 4

In rem and Quasi in Rem jdxn

Answer 4

a. power is over ∆’s property in the forum.
b. property must be attached by the court at the outset of the case.
c. to be constitutional, ∆’s contacts must meet the constitutional fairness test from PJ