Exam Prep: PJ Flashcards
How do you analyze when a state court has jurisdiction over an out of state defendant?
Must consider long arm statutes, international shoe then FPSJ
What is an enumerated long arm statute (LAS)?
Contains specific actions a party takes in that state that establish pj
Requires a two step process to determine whether claim fits in state jurisdiction before considering International shoe requirements.
What are requirements of International Shoe
Minimum Contacts + Forseeability + (bonus) SOC
What is the source of the fair play and substantial justice requirement?
The Due Process clauses of 5th and 14th amendment
Does Colorado have an enumerated longarm stattute?
It appears enumerated, but is interpreted as allowing full extent of the constitution so the two step analysis collapses into 1 and therefore only requires the international shoe analysis.
What is the traditional basis for personal jurisdiction under Pennoyer?
Defendant or their agent was present in jurisdiction when served process
OR
defendant domiciled in jurisdiction
OR
defendant consented to jurisdiction
What is International Shoe statement of PJ?
There’s jurisdiction if the defendant has such minimum contacts with the forum that jurisdiction does not offend notions of fair play and substantial justice
What change did International Shoe introduce to PJ?
It expanded personal jurisdiction beyond Pennoyer so defendants may be brought to suit in the forum though they are outside of the forum state .
What are the prongs of the International Shoe test?
sufficient minimum contacts with forum state
that suing them in that forum does not violate fair play and substantial justice
What establishes sufficient minimum contacts with the forum state?
Purposeful availment, foreseeability, Calder effect test
What does the court consider purposeful availament?
When the defendant purposefully directed activities toward the forum state which caused the litigation.
BK.
What does the court consider forseeable?
Defendant could reasonably anticipate being hailed into the forum court.
WWVW
What is the calder effect test?
Did D intentionally direct harm at the P in forum state?
Do you analyze FPSJ or Minimum contact first in International Shoe?
Must have relevant contact before you go into FPSJ analysis
What is stream of commerce argument?
Placing items in the stream of commerce and could reasonably anticipate it would arrive in the forum state is enough to establish jurisdiction
Asahi
What is SOC + argument?
act of placing item in soc + intent to serve forum state creates sufficient contacts for jurisdiction Asahi
When does the court have general jurisdiction over corps?
Where they are at home (Daimler) which is defined as wherer they are incorporated or PPOB.
What is at home for an individual?
where they are domiciled (milliken)
What is at home for a corporation?
Where they are incorporated and where it maintains its principal place of business
What is the principal place of business?
The corporation’s nerve center.
Can a defendant waive right to dismiss for lack of PJ?
Yes.
What power does PJ grant the court?
power to issue a binding judgment over a defendant
Which claims must the court have PJ over a plaintiff for?
Ct must have PJ over every defendant for every claim
What is the origin of PJ?
SCOTUS first recognized power of states to control
persons and things within their territorial limits (Pennoyer).
What are the three types of personal jurisdiction?
In rem, quasi in rem, in personam
When does plaintiff consent to personal jurisdiction?
By filing in the forum state.
What sets the boundaries of PJ?
4k1a - same boundaries as state court
What is the difference between general and specific jurisdiction?
General = claims are unrelated to contacts with the forum state.
What determines general jurisdiction for individuals?
Domicile
What determines general jurisdiction for corporations?
Where at home under Daimler - PPOB (nerve center) or where incorporated
What does international shoe require?
claim arise out of or sufficiently relate to forum state contacts
d has sufficient minimum contacts in the state OR intentional action there
purposeful availament
International shoe forseeability test?
Can d forsee being hailed into the forum state based on minimum contacts
what kind of actions demonstrate intent to satisfy SOC+
1) designing the product for the forum market,
(2) advertising in the forum state,
(3) establishing channels of regular advice to customers in the forum,
(4) marketing the product through a distributor sales
agent in the forum.
What can change PJ analyis?
Where/what state the case is brought in.
What is the WWVW rule statement of minimum contacts?
Lawsuit is related to events in the forum state if D’s actions are intentional (purposeful) to obtain financial benefit and D could foresee being haled into the forum state for a lawsuit (WWVW)
What is tag jurisdiction rule?
If P file in a state where D might be physically present, if P can catch her and serve her with process there if the court recognizes “tag” jurisdiction. Burnham.
What determines domicile for an individual?
(1) where they reside & (2) intend to stay indefinitely (Milliken).
What establishes new citizenship?
A new citizenship is not established until an individual has satisfied both requirements—residence and intent to stay in that residence (WWVW/Mas)
Who can start the removal process?
Defendant
What begins a removal?
1446 notice of removal files with the federal court.
how does diversity affect removal?
Can’t remove if state claim with defendants from same state under 1441
When is SMJ determined during removal? What happens if judge decides there is no SMJ?
At the time of the notice of removal. If court finds no SMJ before final judgement, judge will remand to state court. 1447
