Personal Jurisdiction

Question 1

What is the 14th Amendment to the U.S. Constitution?

Answer 1

No state shall deprive any person of life, liberty, or property, without due process of law.

Question 2

What is the rule in International Shoe?

Answer 2

To establish personal jurisdiction under the Due Process Clause, “a defendant must have certain minimum contacts in the forum state, so that the suit does not offend traditional notions of fair play and substantial justice”.

Question 3

What case is the overall case to cite for PJ?

Answer 3

International Shoe

Question 4

What are the two types of personal jurisdiction?

Answer 4

General and specific

Question 5

What is general jurisdiction?

Answer 5

The power of a court over the case when the defendant’s operations/contact in the state are so continuous and systematic as to render them essentially “at home” in the forum state.

Question 6

How do you determine where a corporation is “at home”?

Answer 6

EITHER (1) the state of incorporation, or (2) in the location of their principal place of business.

Question 7

What case should you cite for general jurisdiction?

Answer 7

Daimler - Mercedes Benz and Argentina case brought in CA.

Question 8

What is the rule in Daimler

Answer 8

Determine GJ for: (1) corporations where they are incorporated or their principal place of business and (2) for individuals where they are domiciled.

Question 9

What is Federalism? And why do we care about it for PJ?

Answer 9

Limited authority given to the federal gov. With the remaining power going to the states. We want a balance with respect to personal jurisdiction.

Question 10

What is jurisdiction?

Answer 10

A courts power to hear cases and render a binding judgment.

Question 11

What is Civil Procedure?

Answer 11

Body of rules, statutes and doctrines that govern where and how civil lawsuits are initiated, litigated and resolved.

Question 12

What is PJ?

Answer 12

Courts power over a person to render a binding judgment against them.

Question 13

What is horizontal federalism?

Answer 13

Balance of power between states.

Question 14

What is vertical federalism?

Answer 14

Balance of power between federal and state governments.

Question 15

What are the two historial PJ cases and what did they establish?

Answer 15

Pennoyer (brings 14th amendment into PJ) and Hess (implied consent for PJ but NO longer a thing).

Question 16

What is a Long Arm Statute? And what is its purpose?

Answer 16

Long Arm Statute = a state law that reaches beyond a state’s border. If someone is not physically in the state, the statute lays out how they can still be served with process by the state. Long arm statutes illustrate how state courts identify a range of circumstances in which the state can exercise PJ over defendants.

Question 17

What is Specific Jurisdiction?

Answer 17

Jurisdiction over the defendant if the contacts of the defendant bear some relation to the claims asserted by the plaintiff and formed the basis for an exercise of PJ over the defendant.

Question 18

What is the rule form Hanson v. Denckla?

Answer 18

Unilateral activity (only the defendant acting and not a third party) and purposeful availment of the defendant to the forum state establish the quality of the contact required under the Minimum contacts standard.

Question 19

What is the rule in McGee?

Answer 19

A state can exercise PJ over a defendant if a substantial connection exists between the non-resident defendant and the forum state. Note, this is a contracts case.

Question 20

What is the rule from Burger King?

Answer 20

Contracts Plus Analysis - you need to look at negotiations and potential consequences of the contract in the forum state, the fact that the contract exists is not substantial enough to establish minimum contacts needed for specific jurisdiction.

Question 21

What is the rule from Carnival Cruise lines?

Answer 21

Forum selection clauses are valid for providing jurisdiction (particularly if plaintiff is aware of the clause).

Question 22

What is the stream of commerce?

Answer 22

once you sell a product, it sets sail on the open oceans of the market, products can go anywhere.

Question 23

What are the Specific Jurisdiction contracts cases?

Answer 23

McGee, Burger King and Carnival Cruise.

Question 24

What are the Specific Jurisdiction Stream of Commerce Cases?

Answer 24

WWV, McIntyre, Ford and Asahi

Question 25

What is the rule from WWV?

Answer 25

Foreseeability by the defendant that its product would end up in the stream of commerce is not enough to establish minimum contacts in the forum state.

Question 26

What is the rule from McIntyre?

Answer 26

Corollary of the first – a foreign litigant may have the requisite relationship with the U.S. government but not with the government of any individual state. In these cases, the defendant must target its activities to the forum state for minimum contacts standard to be met.

Question 27

What is the rule from Ford?

Answer 27

SJ is allowed when the defendant’s contacts “arise out of OR relate to the plaintiff’s claims. The “OR” becomes emphasized.

Question 28

What is the rule from Asahi?

Answer 28

Fairness factors should be considered to determine if exercise of PJ does not offend traditional notions of fair play and substantial justice: (1) the burden of the defendant, (2) the interests of the forum state, (3) the plaintiff’s interest in obtaining relief, (4) the interstate judicial system’s interest in obtaining the most efficient resolution, and (5) the shared interest of the several states in furthering fundamental substantive social policies.

Question 29

What is the rule from Bristol Meyers Squibb?

Answer 29

To establish jurisdiction, a direct connection between the plaintiff’s claim, the forum state and the defendant’s actions must exist.

Question 30

What case should you apply if you are trying to determine PJ and Property is at issue in a case?

Answer 30

Property connects directly to the owner of the property, it’s an extension of the person. So to take property you need to comply with International Shoe (Shaffer). Shaffer case says to use International Shoe!

Question 31

What is Transient Jurisdiction? And case should you cite for it?

Answer 31

TAG Jurisdiction = serving someone with process in person in the forum state. ONLY applies to INDIVIDUALS! Burhnam case if you get personally served in the forum state, the state can exercise jurisdiction over you.