Midterm

Question 1

Issue

Answer 1

Whether personal jurisdiction can be exercised over defendant

Question 2

PJ

Answer 2

the ability of the state to assert power over a defendant in a civil suit in that state

Question 3

1.) traditional bases

Answer 3

1.) domicile
individual: physical presence + intent to remain
corporation: PPB or place of incorporation
2.) Appearance
Exception: special appearance
3.) Consent
e.g. Carnival
4.) In-state service or tag jur
Scalia - based on Pennoyer/Trad
Brennan - 1.) purposeful availment
2.) reasonableness factors

conclude

Question 4

2.) Statuatory Analysis - LAS

Answer 4

Rule - For a state to have personal jurisdiction over defendant, las must authorize it

4(k)(1)(a)

IF BROAD - LAS
Cali: “A court of this state may exercise jur on any basis not inconsistent witht the Constitution of this state or the US”
-constitutional = a ok

IF ENUMERATED - LAS
typical provision: “Committing a tortious act outside the state that injured a person within the state”
-some constitutional assertions barred

Question 5

3.) Constitutional Test

Answer 5

• minimum contacts
• due process requires that in order to subject a non-resident defendant to a judgment in a state, he must have certain minimum contacts with it such that the maintenacne of the suit does not offend trad notions of fair play and substantial justice
• courts look at contacts with the state and relationship bw forum and suit

General Jurisdiction
Specific Jurisdiction

Question 6

3.) Constitutional Test (General and Specific)

Answer 6

General:

• all-purpose
• pj when contacts are so continuous and systematic
• at home
• purposeful availment and expectation to be hailed into court for gen jur

Specific:

• case-linked jur
• contacts are isolated and specific and give rise to claim
• court analyzes purposeful availment, expectation, and reasonableness
• tests vary according to nature and activity of claim

Question 7

general test for purposeful availment (3)

Answer 7

name all defendant’s contacts with state and:

• are they related to claim?
• do they lead you to believe that the d purposefully availed itself of the privileges blah blah blah…
• expectation to be hailed into court?

Question 8

stream of commerce (3)

Answer 8

determines purposeful availment and expectation

Brennan: stream of commerce alone is sufficient, establishes expectation

O’Connor: other factors needed - if d intentionally targets forum with products
-product was designed for, marketed toward, advertised in, distributed through, or served the forum

Question 9

sliding scale test for internet (3)

Answer 9

determines purposeful availment + expectation

• level of interactivity x commercial nature
• one end: defendant clearly does business over the web, enters into contracts repeatedly over internet
• other end - defendant is simply posting information on a site which people in other jurisdictions can access
• middle ground is where users can exchange info with host computer. pj determined by looking at level of interactivity and commercial nature

Question 10

calder effects test (3)

Answer 10

intentional torts only

• for purposeful availment
  test:

1. ) ds conduct was intentional
2. ) uniquely or expressly aimed at the forum state
3. ) caused harm which d knew was likely to be suffered chiefly in forum state

Question 11

reasonableness factors (3)

Answer 11

tradional notions of fair play and substantial justice

1. ) burden on D
2. ) interest of state
3. ) interest of plaintiff
4. ) interstate judicial system’s interest
5. ) shared interest of several states

reasonableness less important when there is a strong case for purposeful availment

Question 12

Broad LAS (2)

Answer 12

allows the state to exercise personal jurisdiction to the same extent that would be allowed under the Constitution (minimum contacts test, etc)

ex.: A Court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States

analysis for states with these broad LAS’s is just minimum contacts, that’s it

Question 13

Narrow (limited, enumerated) LAS (2)

Answer 13

operate to limit State Court jurisdiction

set out speicific types of activities that allow pj

concern’s state’s interest to limit the exercise only to enumerated types of activities

step 1.) decide whether defendant’s activities fall within any of the enumerated sections of the statute

step 2.) if d fits requirements in step 1, look to constitutional analysis