Personal Jurisdiction

Question 1

Territory Principle

Answer 1

every state has jurisdiction of people within its territories

Question 2

Amenability

Answer 2

whether the defendant is subject to being sued in the forum state

Question 3

In personam jursidction

Answer 3

typically claims for money or other relief against the person and must be based on personal service on the defendant within the forum state. D does not need to be a resident of the forum state but can be simply passing through.

Question 4

In personam jursidction

Answer 4

typically claims for money or other relief against the person and must be based on personal service on the defendant within the forum state. D does not need to be a resident of the forum state but can be simply passing through.

Question 5

in rem jurisdiction

Answer 5

a claim to enforce an interest in property, such as title, leasehold, or easement. It requires that the property be located in the forum

Question 6

quasi in rem jurisdiction

Answer 6

where defendant has property in the forum state but the claim is unrelated to that property, such as collection on a debt

Question 7

In personam jurisdiction: judgement

Answer 7

enforceable both in the forum state and anywhere in the US that defendants assets are found. Based on the full faith and credit clause.

Question 8

in rem jurisdiction: judgement

Answer 8

only enforceable in the forum state

Question 9

quasi in rem jurisdiction: judgement

Answer 9

enforceable only in the forum state and the value of the property

Question 10

Traditional Bases of Personal Jurisdiction

Answer 10

residence in the forum, waiver, consent, and being served in the forum

Question 11

Traditional Bases: Residence in the forum

Answer 11

A state can have jurisdiction over a person even if they are temporarily absent from the state, corporations–principal place of business and incorporation, other entities–usually principal place of business

Question 12

Traditional Bases: waiver

Answer 12

when served with summons, must object to jurisdiction in a timely manner (must be at the first opportunity). IF counterclaim is filed or no objection is made, then objection is waived

Question 13

Traditional Basis: consent

Answer 13

Express consent or implied consent

Question 14

If none of the traditional bases apply, what do you do next?

Answer 14

Move to long arm statute and minimum contacts

Question 15

Long Arm Statute

Answer 15

a statute that authorizes personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state. If they do not apply, then there is no jurisdiction.

Question 16

Minimum Contacts

Answer 16

Contacts, then fairness

Question 17

Ways to test for minimum contacts

Answer 17

Specific Jurisdiction or General Jurisdiction

Question 18

Specific Jurisdiction

Answer 18

Purposeful availment test, foreseeability, reasonable anticipation, and stream of commerce

Question 19

Purposeful availment test

Answer 19

used the benefits and privileges of the forum state, think intent

Question 20

Foreseeability

Answer 20

that the contact will find its way into that state and the defendant knew that

Question 21

Reasonable anticipation

Answer 21

the defendant’s conduct and connect with the forum state are such that he should reasonably anticipate being haled into court there

Question 22

Stream of commerce

Answer 22

intentionally placing products in the stream of commerce does not necessarily mean intent to go everywhere the stream carries it; additional purposeful availment must be shown

Question 23

general jurisdiction

Answer 23

continuous and systematic contacts such that defendant is essentially at home in the forum

Question 24

After proving long arm statute/minimum contacts, then what?

Answer 24

If no contact, no jurisdiction. If there is contact, then run the facts through the five-factor fair play and substantial justice test

Question 25

Fair play and substantial justice test

Answer 25

• burden on the defendant, plaintiffs interest in convenient and effective relief
• the forum state’s interest, the shared interest of several states in furthering fundamental social policies
• the judicial system’s interest in effective resolution of controversies

Question 26

Significance of bristol-myers squibb

Answer 26

court found that non-california plaintiffs who used a drug produced by Bristol-Myers could not sue in California because they did not take or buy the drug there. Even though BM had a standard nationwide advertising campaign and the drug was the same across the country, The court determined that the non-California plaintiffs’ claims were unrelated to the contacts that were the basis of the cause of action in California.

Question 27

How could a business meet the relatedness prong?

Answer 27

advertising, servicing, and otherwise engaging in activity in the forum state

Question 28

Internet Jurisdiction

Answer 28

Sliding scale—a commercial website through which the merchant conducts business over the Internet with forum residents