Personal Jurisdiction

Question 1

Personal jurisdiction is…

Answer 1

the court’s power over the parties.

Question 2

To exercise personal jurisdiction…

Answer 2

both Virginia’s long-arm statute and due process would each have to be satisfied.

Question 3

The Virginia long-arm statute…

Answer 3

provides that a court in Virginia can exercise personal jurisdiction over a nonresident if the cause of action arises from any one of several enumerated activities or conduct.

Question 4

The Virginia long-arm statute includes transacting business in the Commonwealth, which is usually satisfied by either:

Answer 4

1. ONE business transaction leading to the cause of action (Virginia is a single transaction state); or
2. If the Defendant regularly does or solicits business, or engages in any other persistent course of conduct in the Commonwealth.

Question 5

The Virginia long-arm statute includes contracting to supply services or things in the Commonwealth, which is satisfied if:

Answer 5

Defendant derives substantial revenue from goods used or consumed or services rendered in the Commonwealth.

Question 6

To satisfy constitutional due process requirements,

Answer 6

Defendant must have minimum contacts with the forum state such that the jurisdiction would be fair and reasonable.

Question 7

The minimum contacts test is satisfied if…

Answer 7

The Defendant had contacts with Virginia displaying purposeful availment of Virginia’s laws, thus, putting the Defendant on reasonable notice of suit in Virginia.

Question 8

General jurisdiction has increasingly been reserved to instances in which,

Answer 8

A company is “at home” in a state.

Question 9

A court will have specific personal jurisdiction if the Defendant…

Answer 9

has sufficient minimum contacts with the forum state and the claim inquisition arises from those minimum contacts.

Question 10

To satisfy specific jurisdiction, the Defendant would have to reasonably anticipate,

Answer 10

based on its conduct prior to suit, being sued in the forum.

Question 11

In stream of commerce cases, the Supreme Court has refused to find specific jurisdiction from a manufacturer’s simply placing a product in commerce. Instead,

Answer 11

It must be reasonable for the Defendant to expect to be “haled into Virginia court” as a potential consequence of purposefully availing himself to the privileges of conducting business in the state.

Question 12

The fairness requirement imposed by the Due Process Clause is that the suit…

Answer 12

must not offend “traditional notions of fair play and substantial justice.”

Question 13

Traditional notions of fair play and substantial justice is satisfied in that the suit…

Answer 13

arose from these contacts existing between the Defendant and the forum state.

Question 14

The court will weigh three fairness factors in determining specific PJ:

Answer 14

1. Burden on defendant and witnesses;
2. State’s interest;
3. Plaintiff’s interest.