Personal Jurisdiction

Question 1

Basics of Personal Jurisdiction

Answer 1

• Court’s power over parties
• P consented to PJ when she filed
• Exercise of PJ must fall w/in a state statute & satisfy constitution

Question 2

Statutory Step

Answer 2

States generally require that D:
- Be present in FS at time of service
- Be domiciled in FS
- Consent to PJ
- Waived PJ
- LAS: each state has its own LAS granting ct PJ over nonresidents that perform/do certain things w/ in FS.

Question 3

Constitutional step

Answer 3

• There must be relevant minimum contacts between D & FS
• Analyze under contact, relatedness, & fairness
• As to not offend traditional notions of fair play & substantial justice

Question 4

Contact

Answer 4

• Contacts must show D purposefully reached out to FS & contacts resulted from this targeting of forum.
  -Also, D must have known/should have reasonably anticipated that his activities in FS made it foreseeable that he could be hauled into ct there.

Question 5

Relatedness

Answer 5

If P’s claim arises from/ relates to D’s contacts w/ FS, ct has SPJ, move on to fairness.
- If this is not, ct must have GPJ to proceed.
- For GPJ, D must be at home in FS/must be in FS when served w/ process.

Question 6

Fairness

Answer 6

Only assessed for SPJ
- P’s intererst in a convenient forum
- Interstate judicial system’s interest to efficiently resolved disputes
- Burden on D puts him at a severe disadvantage
- State’s interest in providing a forum
- Social policies
- Burden is on D

Question 7

Summary of Constitutional test

Answer 7

Contact: PA & F
Relatedness: AF/RT; SPJ/GPJ
Fairness: Burden & interests