Personal Jurisdiction Flashcards
Traditional Bases for PJ
The traditional bases for asserting PJ over a defendant include
1) domicile
2) consent
3) waiver (appearing in the action without objection), and
4) presence in the state.
The above grounds comport with the constitutional requirements for due process.
Long Arm Statute
A court can exercise PJ over an out of court defendant if there is a long arm statute and sufficient minimum contacts with the state so as to not offend traditional notions of substantial justice and fair play. Both prongs must be satisfied.
Personal Jurisdiction
For a judgment to be binding, a court must have personal jurisdiction over a D.
PJ is the court’s authority to exercise judgment over a D. PJ can arise under either a traditional basis or under a long-arm statute
Prong 1 - Minimum Contacts Test
Sufficient minimum contacts exist when there is either general jurisdiction or specific jurisdiction.
Prong 2 - Fair Play & Substantial Justice
Even if specific or general jurisdiction exists under Prong 1, prong 2 must also be met.
It must be fair and reasonable for a defendant to be sued in the forum state. The D has the BOP to prove that defending himself in the state would violate DP.
Court considers:
- burden on D to litigate
- P’s interest in convenient forum
- state’s interest in a forum
- interests of judicial system in efficiently resolving dispute
General Jurisdiction (under Prong 1)
General jurisdiction exists when a defendant’s contacts with the forum state are so substantial and of such nature that the defendant is essentially at home in the state.
An individual must be domiciled in the state for general jurisdiction to apply.
A corporation must have its HQ or incorporation in the state for general jurisdiction to apply.
Specific Jurisdiction (under Prong 1)
Specific jurisdiction exists where there is a connection between the forum state and underlying controversy. The suit arises directly out of or relates to the defendant’s contacts in the state.
Regularly occurring product sales doesn’t justify PJ over a claim unrelated to those sales.
