Personal Jurisdiction Flashcards
What is Personal Jurisdiction?
PJ is about the court’s power over the parties
When does the court have PJ over Plaintiff?
Because Plaintiff filed the case - the court automatically has power over her - the Plaintiff has consented to PJ
Is there PJ over the Defendant?
International Shoe test - Does the defendant have SUFFICIENT CONTACTS with the forum state so that the exercise of personal jurisdiction is FAIR and REASONABLE
What must PJ satisfy? 2 STEP ANALYSIS
1) Exercise of PJ must fall within a state statute
2) exercise of PJ must satisfy the constitution (due process)
**same in federal and state court
1) Statutory Step (for whether there is PJ)
- each state has its own statutes for PJ
- some states have “long-arm statutes” (that grant the Court PJ over the nonresident who performs or causes certain things within the state) while others have laundry-list long-arm statutes
Long-Arm Statutes
Grants PJ over nonresidents who perform or cause certain things within the state
**most states allows courts to exercise PJ to the full extent of the Constitution - so the statutory grant of PJ is the same as the constitutional test.
statutory limitations on personal jurisdiction
the federal courts must analyze PJ as if they were a court of the state in which it is located;
state law must authorize jurisdiction;
most if not all states will authorize jurisdiction over a defendant who:
1) is PRESENT in the forum state and is PERSONALLY SERVED with PROCESS therein;
2) is DOMICILED in the forum state;
3) conducts SYSTEMATIC and CONTINUOUS business in the state such that the defendant is essentially “AT HOME” in the forum state;
4) CONSENTS to jurisdiction;
5) Commits an act covered by the LONG ARM STATUTE
2) Constitutional Analysis (for whether there is PJ)
Does the defendant have such MINIMUM CONTACTS with the forum state so that the exercise of jurisdiction does not offend TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE? (fair and reasonable)
**assess through three factors:
1) contact
2) relatedness
3) foreseeability
A) CONTACTS - Constitutional Analysis – “minimum contacts” between Defendant and forum state
1) purposeful availment
#2) Foreseeability
** consider whether the defendant purposefully availed himself of the benefits and protections of state law AND whether he could have anticipated being brought into the state court
1) Purposeful availment
voluntary act; D must reach out to the forum, AND contact must result from this targeting of the forum
- can be done by causing an effect on the forum
- examples: marketing a product in forum; using roads in forum; establishing a domicile in forum; traveling in the forum; sending a tortuous email into forum; maintaining an interactive website within the forum
2) Foreseeability
is it foreseeable that the Defendant could be sued in the forum?
B) Relatedness
Does the P’s claim arise from/relate to the D’s contacts with forum?
Clearly ARISES OUT OF contact if D’s contact CAUSED the harm to the Plaintiff
If D’s contact did not cause harm –> then look to whether D has substantial contact with forum state - and will satisfy ‘relatedness’ if claim merely RELATES TO D’s contacts with the forum
Specific Personal Jurisdiction
if the P’s claims arise from or relate to D’s contact with the forum - then SPJ
General Personal Jurisdiction
If the “arise out of relate to” test is NOT satisfied (P’s claims do not arise out of D’s contacts” - proceed to General PJ
**If General PJ exists - D can be sued in forum on a claim that arose anywhere in the world
1) **To have General PJ - the defendant must be AT HOME in the forum
- (human at home where domiciled)
- (corporation at home in state where INCORPORATED; the state in which it has its PRINCIPAL PLACE OF BUSINESS
2) * can also have general PJ over someone if they are SERVED WITH PROCESS while in forum state
Where is a person “at home”?
where domiciled
