Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

The power of a court to exercise control over a particular person or item or property.

Question 2

In personam

Answer 2

when the court is suing a person

Question 3

historical basis - presence

Answer 3

the defendant is physically present or domiciled in the forum state

Question 4

historical basis - consent

Answer 4

Implied consent - the d steps foot into the forum
Express consent - the defendant does not object to the courts jurisdiction
Forum consent clause - Carnival case

Question 5

Is there personal jurisdiction?

Answer 5

1. Is there a long arm statute?
2. Is there a constitutional basis?

Question 6

State Long Arm Statutes

Answer 6

states when a court may exercise personal jurisdiction over a person (blanket. that covers the traditional rules - an extra layer)

Question 7

State Long Arm Statutes - Two step analysis

Answer 7

1. Does the state-long arm statute allow pj in this case?
   -no? - you’re done
   -yes? - go to step 2
2. Is the constitutional minimum for personal jurisdiction met in this case?

Question 8

Specific Jurisdiction

Answer 8

-minimum contacts
-nexus
-reasonableness factors

Question 9

International Shoe

Answer 9

Due process requires only that in order to subject a d to a judgment in personal if he is not present within the territory of the forum he have certain minimum contacts with is such that the maintenance of the suit does not offend the traditional notions of fair play and substantial justice - must depend on the quality and nature of the activity in relation to the fair and orderly administration of the laws

Question 10

minimum contacts

Answer 10

substantial and continuous contacts - the forum state does not exceed its powers under the due process clause if it asserts its personal idx over a corporation that delivers its products into the stream of commerce with the expectation that they will be purchased by consumers in the forum state

Question 11

Nicastros stream of commerce rule

Answer 11

where a person is injured by a product manufactured abroad and distributed in the state by an independent company and the product mfr has only a single isolated contact with that state, the state cannot exercise pj notwithstanding the mfrs efforts to market to the US as a whole

Question 12

purposeful availment

Answer 12

an intentional act by one party directed into a state - availing oneself while using the adv and benefits of that state (worldwide and nicastro)

Question 13

Nexus

Answer 13

arises out of/relates to 1. the lawsuit and 2. ds contacts in the forum state
Ford - our most common formulation of the rule demands that the suit arise out of or relates to the ds contacts with the forum

Question 14

reasonableness factors

Answer 14

burden on the d
- forum states interest
- ps interest
- interstate judicial systems interest (resolving quickly)
- shared interest of several states (policy goals, furthering fundamental substantive social policies)

Question 15

BK’s shifting burden for specific jdx

Answer 15

• the suit arises out of or relates to the ds contacts with the forum state
• if p demonstrates that the d established minimum contacts (pa) with the forum state there is a presumption that the jdx is reasonable
• d can overcome this resumption by showing that the exercise of jdx would be unreasonable (five factors)

Question 16

Daimler (general jdx)

Answer 16

the inquiry is whether the corps affiliations with the state are SO continuous and systematic as to render it essentially at home in the forum state

Question 17

General Jurisdiction - Individual

Answer 17

domicile
Tag
Consent

Question 18

domicile

Answer 18

the d is physically present or domiciled (reside and intend to remain) in the forum state (Daimler)

Question 19

tag

Answer 19

permissible to exercise jdx over a nonresident who was personally served with process while temporarily in that state and was personally served with process while temporarily In that state in a suit unrelated to his activities in the state

Question 20

consent

Answer 20

implied - the d steps foot into the forum
express - the d does not object to the courts jdx
forum consent clause - (Carnival) it is agreed by and between the passenger and the carrier that all disputes and matters whatsoever arising under in connection with or incident to this contract shall be litigated if at all in and before a court located in the state of Florida USA to the exclusion of the arts of any other state or county - (Shute) - forum selection clause contained in form passenger contracts are subject to judicial scrutiny for fundamental fairness

Question 21

General Jdx - Corp

Answer 21

• place of incorporation
• primary place of business
• exception - substantial and of such a nature to render it at home (Daimler)