Personal Jurisdiction

Question 1

PJ is about the court’s power over:

Answer 1

the parties

Question 2

SMJ is about the court’s power over:

Answer 2

the case

Question 3

The court always has PJ over:

Answer 3

The plaintiff

Question 4

Two step analysis for PJ

Answer 4

Exercise of PJ

1. Must fall within state statute
2. Must satisfy the constitution

Question 5

Statutory analysis

Answer 5

Does the court have power over the parties under the respective state statute and is there an applicable LAS for nonresidents who have some connection to the state?

💡fact pattern will tell you if there is a LAS, if not assume statutory requirement has been meet/satisfied and move to constitutional analysis

Question 6

For constitutional analysis we look at:

question we ask + factors

Answer 6

Ask: Does D has sufficient minimum contacts with forum state

Question 7

What three factors do we look at under constitutional framework

Answer 7

1. Contacts,
   
   1. purposeful availment
   2. reasonably foreseeable
2. Relatedness, and
   
   1. specific PJ - related to D’s contact
   2. general PJ - unrelated to D’s contact
3. Fairness
   
   1. Convenience - regarding forum
   2. Forum state interest - providing redress for its resident
   3. P’s interest - in obtaining convenient and effective relief
   4. Judicial interest - in efficiency
   5. Social policies - furthering social policies

Question 8

Which two factors do we look at for “sufficient minimum contacts”

Answer 8

1. Purposeful availment
2. Foreseeability - is it foreseeable D could be sued in forum state?

Question 9

What is Purposeful availment

Answer 9

D’s contact with the forum state results from D’s voluntary act with the forum state

D need NOT be physically present in the state

Question 10

What is Relatedness

Answer 10

Does P’s claim arise from/out of or relate to the D’s contact with the forum state?

Question 11

How do we test for relatedness

Answer 11

If harm to P arose out of the contact D had with state

Question 12

If P’s claim DOES arise from or relate to the D’s contact with the forum, what type of PJ?

P’s claim IS related to D”s contact with the state

Answer 12

Specific PJ

Question 13

If P’s claim DOES NOT arise from or relate to the D’s contact with the forum, what type of PJ?

P’s claims is NOT related to D’s contact with the state

Answer 13

General PJ

Question 14

What is general PJ

Answer 14

when the claim is unrelated to the D’s contact with the forum

meaning that D can be sued for any claim that arose anywhere in the world

Question 15

In order to have general PJ, the D:

Answer 15

D has to be at home in the jx

Question 16

What is specific PJ

Answer 16

when claim is related to the D’s contacts with the state

Question 17

What types of jurisdiction are there:

Answer 17

1. Personal jurisdiction
   
   1. specific
   2. general
2. Specific (long arm) jurisdiction

Question 18

Where is a corporation subject to general PJ?

Answer 18

Where it is at home:

1. state where is it incorporated
2. state where it has its PPB

Question 19

Tag jurisdiction allows

Answer 19

• a court in one state has the power to constitutionally assert PJ over an out-of-state D who visits the state
• court has PJ if the D is properly served while in the state.

Question 20

For fairness, assessing whether:

Answer 20

PJ is fair under the circumstances

applies only to specific PJ

Question 21

Fairness factors are addressed only in what type of PJ

Answer 21

specific PJ

in general PJ dont need to analyze fairness because D is “at home’

Question 22

List (5)

What factors are analyzed for fairness

Answer 22

1. Burden on D and witnesses - D would have to prove a severe disadvantage but difficult burden to meet
2. State’s interest in providing redress for its residents
3. Plaintiff’s interest in obtaining convenient and effective relief
4. Interstate judicial system in efficiency
5. Shared interest of states in furthering social policies