Personal JDX

Question 1

What is personal jdx? What is main test for PJ?

Answer 1

PJ is the court’s power to exercise jurisdiction over the parties. By filing in court, P has consented to PJ, so question is whether court has PJ over D.

The question is whether D has sufficient contacts with the forum state so that the exercise of jdx is fair & reasonable?

Question 2

What is the analysis for PJ?

Answer 2

2 steps: (1) does PJ fall within state (or federal) statute? (2) does PJ satisfy Const’l due process reqs? (same q’s in both federal & state court)

(1) Look to state’s long arm statute - either (a) will state it provides for PJ to the same extent as Const. or (b) list specific req’s
(2) Constitutional Q: Does the D have such minimum contacts with the forum state so that jurisdiction does not offend traditional notions of fair play and substantial justice?

Look at:
(1) contacts: minimum contacts req’d = purposeful availment + foreseeability. So, the contact must result from D’s voluntary acts (e.g. marketing products, using roads, buying house, traveling, sending email into, interactive website maybe). AND, thus it would have been foreseeable that D could be sued there.

(2) relatedness: ask, does P’s claim arise from or relate to D’s contact with the forum? (i.e. either directly caused by or relates to contacts - e.g. car maker sells in State A, markets in state B, state B accident can sue in B)

if YES relatedness, then this is specific PJ. If NO relatedness, then this is general PJ

Specific PJ –> go to next step in analysis; General PJ –> D can ONLY be sued if its their home state (domiciled, if served with process in state - i.e “tag jdx”, if corp then wherever incorporated + PPB

(3) fairness: If answer to relatedness is yes, then assess whether PJ would be fair under the circumstances. Look to:
- burden on D and witnesses (puts at severe disadvantage?)
- state’s interest (citizen harmed? protection?)
- P’s interest

Question 3

What are the two types of PJ’s and what’s the differnece?

Answer 3

1. Specific PJ - when D satisfies all req’s, i.e. contacts + relatedness + fairness
2. General PJ - when D has contacts but NOT relatedness + is domiciled in state (or, for corps PPB + incorporation place, OR for ppl - tag jdx ok)

Question 4

What is tag jdx?

Answer 4

When someone is served with process in the state in which they are not domiciled, thereby giving state General PJ over them.

Question 5

Where is a corporation domiciled for purpose of PJ?

Answer 5

Both (a) place of incorporation and (b) state of principal place of business (nerve center)

Question 6

On an essay Q, what factors should you mention under “fairness” prong of PJ analysis?

Answer 6

• D may argue it is hard to litigate there due to costs, getting witnesses there, etc but this is generally not enough to weigh in favor of D - nor will differences in $ between parties - this is high bar
• state has interest in providing courtroom for injured citizens, protecting them
• P has interest in litigating close by - esp if injured