Personal Jurisdiction Flashcards
Four Bases for Traditional Bases of PJ
- Voluntary Presence
- Domicile
- Consent
- Long Arm Statute
Due Process Requirements
- Minimum Contacts with forum state
- So that the action does not offend traditional notions of fair play and substantial justice
Minimum Contacts Factors
- purposeful availment,
- foreseeability and
- relatedness
Foreseeability
D must know or reasonably anticipate that his activities in the forum state render it foreseeable that he may be taken to court there
Relatedness
The scope of the contacts necessary for the assertion of PJ depends on the relationship that the cause of action has with the forum state and looks to
- Specific Jx
- General Jx
Specific Jx
Specific J may be found when a cause of action arises out of, or closely relates to, a defendants contact with the forum state. In that case, jx may be warranted even if this is the D’s only contact with the forum state.
General Jx
Exists if the D had systematic and continuous activity in the forum state such that the D is “at home”there
When is a corporation “at home” in regards to general jx?
If the state of its incorporation and the state where its principal place of business, usually the executive offices or “nerve center” is located.
Fair Play and Substantial Justice Factors
- Interest of the forum state in adjudicating the matter
- The burden on the D of appearing in the case
- The interest of the judicial system in the efficient resolution of controversies and
- The shared interests of the states in promoting common social policies
Long Arm Statute
Most states have enacted statutes that authorize PJ over nonresidents who engage in some activity in the state. In many states, the long arm statute authorizes jx to the extent permissible under the Due Process Clause.
