personal jurisdiction Flashcards
consitutional
does the D have such minimum with the forum so that exercise of PJ is fair and reasonable?
factors: contact, relatedness, fairness (specific PJ only)
contact
purposeful availament + forseeability: D has purposefully availaed herself of the forum state’s laws and knew or reasonably should have anticipated that her activities in the forum made it foreseeable that she may be hailed into court there
PA = voluntary act reaching out to forum and contact resulting from this targetting of the forum
* Can do so without setting foot in forum so long as causes an effect in the forum
forseeability = forseeable that D could be sued in the forum
relatedness
Does cause of action arise from or relate to D’s contacts with forum?
if yes –> specific PJ and move to fairness
if no –> only way to proceed is with general PJ over any cause of action, related or unrelated
* general PJ = D be at home in the forum; D served with process in forum
fairness
only assess when specific PJ
weigh factors:
* burden on D and witnesses– very difficult to show unless D can show it puts her at a seve disadvantage in the litigation and relative wealth is irrelevant
* state’s interest– forum state may want to provide a courtroom for its citizens who are allegedly being harmed by out-of-state defendants aka providing redress for its residents
* P’s interest– P’s interest in obrainting convennient and effective relief + the P may be injured in the forum state and/or wants to sue at home
* interstate judicial system’s interest in efficiency; and
* the shared interest of the states in furthering social policies