General Jurisdiction

Question 1

Where is general jurisdiction for an individual and for a corporation?

Answer 1

Individual = Place of domicile 
Corporation = 1) Principle Place of Business; 2) Place of incorporation

Question 2

How many contacts are required to have general jurisdiction over a defendant?

Answer 2

Contacts must be so continuous and systematic that the individual or corporation is CONSIDERED AT HOME.
This is a very high line and is difficult to prove anywhere that isn’t a place of incorporation, principle place of business, or place of domicile.

Question 3

What are the competing views as to presence forming a reason for jurisdiction that come form Burnham v. Superior Court?

Answer 3

Scalia Wing: There is a long standing tradition spanning back to Pennoyer v. Neff that establishes presence will equal jurisdiction. So the international shoe test doesn’t have to apply when presence is present.
Brennan Wing: Although history is important, an analysis of the international shoe is required. So go through the analysis of International Shoe (contacts and fairness factors).