Personal Jurisdiction Flashcards
1
Q
What is the overall question for PJ over a defendant?
A
Does the defendant have sufficient contacts with the forum state so that the exercise of personal jurisdiction is fair and reasonable?
2
Q
What is the statutory step for the PJ analysis?
A
Determine the state’s long-arm statute granting PJ over nonresidents who perform or cause certain things within the state (GA has one)
3
Q
What is the constitutional analysis of PJ?
A
- Minimum contacts
purposeful availment
Foreseeability - Relatedness
does the claim arise from or relate to D’s contacts with the forum?
if yes - specific PJ
if no - General PJ - at home in jx - Fairness (Specific only)
Burden on the defendant and witnesses
State’s interest
Plaintiff’s interest
4
Q
What are the traditional statutory limits on personal jurisdiction
A
- Presence
- Domicile
- Consent to Jurisdiction
- Statute/waiver
