PERSONAL JURISDICTION Flashcards
Personal Jurisdiction Checklist
- Personal Jurisdiction
- Traditional Bases
- Voluntary Presence
- Domicile
- Consent
- Waiver
- Long-Arm Statutes
- Constitutional Requirements
- Minimum Contacts
- Purposeful Availment
- Foreseeability
- Relatedness of Claim to Contact: General and Specific JX
- General
- Specific
- Fair Play and Substantial Justice
- Minimum Contacts
- Traditional Bases
Personal Jurisdiction
Personal jurisdiction refers to a court’s authority over a particular defendant or item of property. There are three bases for court authority:
(1) traditional bases
(2) statutory
(3) constitutional
Traditional Bases
The traditional bases for a court to exercise jurisdiction include when the Defendant:
- is present while served in the forum
- is domiciled in the forum
- consents to jurisdiction
- waiver
Traditional Bases - Voluntary Presence
A state will have voluntary presence over an individual defendant who is served with process while voluntarily present in that state
Exception - a majority of states (NOT CALIFORNIA) grant immunity to persons who are in the state exclusively for other proceedings
Traditional Bases - Domicile
A state can have personal jurisdiction over defendants domiciled in that state.
To establish domicile, the individual must
- *(1) reside in the state or U.S. territory with**
- *(2) the intent to remain there.**
Traditional Bases - Consent
A defendant may expressly or impliedly consent to personal jurisdiction in a particular forum
Traditional Bases - Waiver
A defendant voluntary appearance to contest a case without objecting to jurisdiction is considered a waiver and is insufficient to confer personal jurisdiction to the court.
Long-Arm Statutes
Most states have long-arm statutes which grant courts personal jurisdiction over out-of-state defendants who engage in some activity in that state.
States with unlimited long arm-statutes grant their courts jurisdiction to the extent permissible under the Constitution. (California)
States with limited long-arm statutes detail specific situations in which their courts have jurisdiction.
Constitutional Requirements
To satisfy constitutional requirements, under the Due Process Clause, an out-of-state defendant must have
- minimum contacts with the forum state such that the maintenance of the action
- does not offend traditional notions of fair play and justice
Minimum Contacts
Minimum Contacts must be
1. purposeful such that the defendant
2. reasonably foresees being taken to court in the forum
Min. Contacts - Purposeful Availment
The defendant must have engaged in some intentional act by which he purposely avails himself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws.
Min. Contacts - Foreseeability
To have minimum contacts with a forum state, the defendant must reasonably anticipate that its activities in the forum make it foreseeable that it could be hauled into court there
General Jurisdiction
A court has general jurisdiction over an out-of-state defendant whose contacts with the forum state are so systematic, continuous, and substantial that the defendant is essentially at home in that state.
(domiciled)
Specific Jurisdiction
A court has specific jurisdiction over an out-of-state defendant when the cause of action arises out of or is related to the defendant’s contacts in that state.
Fair Play and Substantial Justice
A court must determine if maintenance of the action would “offend traditional notions of fair play and substantial justice.”
To determine fairness, courts consider the following factors:
- *(i) burden on the defendant for appearing in the case**
- *(ii) the interest of the forum state in adjudicating the matter**
- *(iii) interest of the judicial system in the efficient resolution of controversies and**
- *(iv) shared policy interests of the state**
