Civ Pro Flashcards
Personal Jurisdiction
court’s power over the parties – “defendant must have sufficient contacts with forum state” so that the exercise of personal jurisdiction is “fair and reasonable”
3 Types:
1. In personam - PJ over D
2. In rem - forum has power to adjudicate rights over all persons to a particular item of property; D not personally bound
3. Quasi in Rem - (type a) adjudicates rights of parties in property based on property being in forum (close relationship b/w case & property provides minimum contacts); (type b) Ct. attaches property to bring D into forum on unrelated claim (D must have minimum contacts)
Personal Jurisdiction
2 Requirements
- fall w/in state statute (e.g. Long Arm Statute)
- satisfy Constitutional Due Process
PJ: Statutory Requirement
Long Arm Statute
grants PJ over nonresidents who perform or cause certain things w/in the state
generally - “to full extent of constitution” (apply same Due Process test)
other states - statute provides list specificying situations where exercising PJ is authorized
PJ: Constitutionality Requirement
Requirements of Due Process
- minimum contacts
- “doesn’t offend traditional notions of fair play & substantial justice”
PJ: Constitutionality Requirement
Due Process Analysis
- minimum contacts
- relatedness
- fairness (SPECIFIC PJ ONLY)
PJ: Due Process Analysis (Step 1)
Minimum Contacts Req
relevant minimum contacts b/w D & forum state
2 Factors:
1. purposeful availment –> D’s voluntarily/intentionally targeted forum
2. foreseability –> that D could be sued in this Forum
PJ: Due Process Analysis - Min. Contacts
Purposeful Availment
contact must result from D’s own voluntary act –
- must reach out to forum
- contact results from this targeting of the forum
NEED NOT PHYSICALLY CONTACT FORUM – may puposelly avail themselves of the forum by CAUSING EFFECT IN FORUM
Examples
1. marketing product in forum
2. using roads in forum
3. establishing domicile
4. travling in forum
5. sending tortious email to form
6. maintaining interactive website w/in forum if D was targeting customers in forum
PJ: Due Process Analysis (Step 2)
Relatedness
P’s claim must “arise from or relate to” D’s contact in forum
“Relatedness” satisfied when P’s claim is either:
a.) “clearly arises” = D’s contact caused harm to P;
* i.e.: P hit by D’s car in Wisconsin. D is citizen of Illinois. P’s claim against D clearly arises out of D’s contact w/ Wisonsent bc the contact (driving) caused the harm to P
OR
b.) “related to” = when substantial contacts w forum
* i.e.: car accident in Montana, Ford manufactures car in Kentucky, designs car in Michigan, & car not sold in Montana. BUT Ford advertises in Montana, ships original replacement parts to Montana, & maintains network of dealers to sell/repair its used cars in Montanta –> by creating market for its cars in Montana, cause of action relates to contacts
PJ: Due Process Analysis - Relatedness
Relatedness Satisfied
Specific Personal Jurisdiction
(aka - “arises out of or relates to” test = satisfied)
SO –> proceed to Fair & Reasonable Test
PJ: Due Process Analysis - Relatedness
Relatedness Not Satisfied
General Personal Jurisdiction
(the only way to proceed if “arise out of or related to” test is not satisfied)
PJ: Due Process Analysis - Relatedness
Specific Personal Jurisdiction
when the cause of action relates to D’s contacts w/ the forum
“D purposefully availed himself of the benefits and protection of state law & could have anticipated being brought into state court”
PJ: Due Process Analysis - Relatedness
General Personal Jurisdiction
cause of action is unrelated to D’s contacts w/ forum
D must be either:
a. at home in forum
- domicile
- businesses = (a) incorporated & (b) principal place of business
b. regsitered to do business in state & have appointed an agent for service there (note: this juris. must be authorized by state)
c. serviced w/ process in that state (“tag jurisdiction”)
Effect = D can be sued in forum on a claim that arose anywhere in world
PJ: Due Process Analysis (Step 3)
Fairness Factors
SPECIFIC PJ ONLY
1. Burden/Convenience on the D & Witnesses
- due process does not guarantee convenience – D must show severe disadvantage
- relative wealth of parties is not determinative
2. State’s Interest (to provide courtroom for citizens being harmed)
3. Plaintiff’s Interest (e.g. injured and unable to travel)
PJ Overview
Statutory Limits on PJ
D must be either:
1. present in forum state at time of service;
2. domiciled in forum state;
3. given express or implied consent to jurisdiction
4. meets requirements forum’s Long Arm Statute (or other statute)
PJ Overview
Constitutional Limits on PJ
*“D must have such minimum contacts with the forum such that the exercise of personal jurisdiction over him is fair & reasonable”
- Minimum Contacts - (purposeful availment + knew or reasonably should have anticitpated that activities in forum made it foreseeable to be “haled into court”)
- Relatedness - (general vs. specific jurisdiction determination)
-
Fairness -
a. Disadvantage to D bc forum ‘so gravely difficult & inconvenient”
b.* forum state’s legitimate interest* in providing redress for it’s residents;
c. P’s interest in obtaining convenient & effective relieve
d. judicial efficiency; and
e. shared interest of states in furthering social policies
