personal jur Flashcards

1
Q

PJ

A

Court’s power over hte parties.

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2
Q

PJ analysis

A
  1. satisfy a state statute and

satisfy the constitution (DP)

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3
Q

test

A

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

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4
Q

specific PJ vs. General PJ

A

specific - D’ conduct with the forum

general - if PJ does not result from D’s conduct in the forum (think D’s home)

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5
Q

Corporation PJ

A

company’s activity must be so systematic and continuous that it is “at home”

  1. wher eincrporated
  2. where principal place of business is
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6
Q

fairness factors

A
  1. burden on D and witnesses - Forum is okay if have ot travel to unless D can show it puts her at a severage disadvantage.
  2. State’s interst - Forum may want to provide a courtroom for its citizens who are harmed by out of staters
  3. Plaintiff’s interest - mabe injured and wants to sue at home
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7
Q

summary of PJ test

A
  1. contac t- purposeful availment and foreseeability
  2. relatedness - general vs. specific
  3. fairness (specific only) - burden/convenience, state’s interest and P’s interest
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