personal jur Flashcards
PJ
Court’s power over hte parties.
PJ analysis
- satisfy a state statute and
satisfy the constitution (DP)
test
Does D have such minimum contacts w/ the forum so jurisdiction does not offend traditional notion of fair play and substantial justice
CONTACT - purposeful availment - the contact mus result from the D’s voluntary act. D must reach out to the forum or targets the forum.
FORSEEABILITY - It must be foreeseable that you could get sued in the forum
RELATEDNESS - Does the Ps claim arise from the D’s contact with teh forum
FAIRNESS - fairness is only addressed in specific PJ
specific PJ vs. General PJ
specific - D’ conduct with the forum
general - if PJ does not result from D’s conduct in the forum (think D’s home)
Corporation PJ
company’s activity must be so systematic and continuous that it is “at home”
- wher eincrporated
- where principal place of business is
fairness factors
- burden on D and witnesses - Forum is okay if have ot travel to unless D can show it puts her at a severage disadvantage.
- State’s interst - Forum may want to provide a courtroom for its citizens who are harmed by out of staters
- Plaintiff’s interest - mabe injured and wants to sue at home
summary of PJ test
- contac t- purposeful availment and foreseeability
- relatedness - general vs. specific
- fairness (specific only) - burden/convenience, state’s interest and P’s interest