Personal Jurisdiction Flashcards
1
Q
Personal jurisdiction rules (list on every PJ question)
A
- The exercise of personal jurisdiction must be authorized by state statute
- A federal court must analyze personal jurisdiction issues as if it were a state court in the jurisdiction
- The federal court in State X will use State X’s long arm statute to determine whether it can exercise personal jurisdiction over the defendant
- State X’s long arm statute authorizes personal jurisdiction to the maximum extent permitted by the Constitution
- The authorized by statute prong merges with the constitutional prong
2
Q
Personal jurisdiction - constitutional analysis rules
A
- The defendant must have sufficient minimum contacts with the forum state such that the exercise of personal jurisdiction over the defendant in the forum state would be fair and reasonable
- If the cause of action arises from or relates to the defendant’s contact with the forum, specific jurisdiction is possible
- Specific jurisdiction means personal jurisdiction over the defendant for the instant cause of action only
- In addition to sufficient minimum contacts with the forum state, personal jurisdiction must not offend traditional notions of fair play and substantial justice. Factors relevant to the fairness factor include the burden on the defendant in terms of convenience in defending the action.
- If the cause of action does not arise from or relate to the defendant’s contacts with the forum, there must be general jurisdiction
- General jurisdiction is personal jurisdiction over the defendant for all causes of action
- To subject a defendant to general jurisdiction in a forum state, the defendant must be at home there