Personal Jurisdiction Flashcards
What is Personal Jurisdiction (“PJ”)?
PJ = courts power over the person. (D, since P consents when files complaint).
In other words, does the defendant have sufficient contacts with the forum state so that the exercise of personal jurisdiction is fair and reasonable?
What is the two steps of the analysis for PJ? In state court? In federal court?
The exercise of PJ must:
(1) Fall within a state statute, and
(2) Satisfy the Constitution (due process).
The two-step analysis is the same in federal and state court. FRCP 4 requires a fed district court to assess PJ as if they were a state court in the state in which it sits.
What is the statutory step of PJ?
State statutes usually fall into S-CDL:
S - Service with the forum (grants general jurisdiction).
C - Consent.
D - Domicile (also grants general jurisdiction)
L -long arm statute. grant PJ over nonresidents who perform certain acts. Most state long arms simply say that the court allows PJ up to the extent that the constitution allows. Others have a laundry list of arms. (if statute on bar, then apply it. if none, just note that you would need a state statute).
Describe the constitutional analysis of PJ.
Does the D have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice? (Intl. Shoe).
We answer this by evaluating the factors of contacts, relatedness, and fairness.
Describe “contact” in the PJ constitutionality analysis.
Are there minimum contact between the defendant and the forum state at issue?
(1) Purposeful availment: A voluntary act where the D reaches out and targets the forum. Can occur without setting foot in the forum by causing an effect in the forum ((marketing, traveling in the forum, sending a torteous email in the forum, an interactive website might be contact if they targeted).
(2) Foreseeability: If purposefully availed themselves, is it foreseeabile that the defendant could be sued in the forum?
Describe “Relatedness” in the PJ constitutionality analysis.
Does P’s claim arise from or relate to D’s contact with the forum?
YES?
Causation = D’s contact CAUSED the harm to the P, then clearly yes.
Substantial Contact (quanity + quality) = If D has substantial contact with the forum
state, relatedness is satisfied if the claim merely relates to D’s contacts with the forum.
Then specific jurisdiction and go to fairness.
NO?
Then only of general jurisdiction applies.
What is specific PJ?
The D contact arises out of or relates to the claim, and so the court has specific PJ only for that claim.
What is general jurisdiction?
If general PJ exists, D can be sued in the forum on a claim that arose anywhere in the world.
Occurs if:
(1) The D is at home.
(2) The forum has a statute that says a corp. has GJ if they have registered to do businesss in the state and have appointed an agent for service of process there. (rare).
(3) When the D is served with process while in the state.
When are they “at home?”
(1) Corp: at home in any state where it is incorporated and the one state of its principal place of business (officers direct and control the business = nerve center).
(2) Human is where they are domiciled. (Permanent home they plan to return to).
Fairness (Specific PJ Only)
3 Factors:
**(1) Burden on D and witnesses: **
Whether the forum is “so gravely diffcult and inconvenient” for the D / witnesses that the D is put at a severe disadvantage;
Relative wealth of the parties is not determinative.
**(2) State’s interest. **
The forum state may want to provide a courtroom for its citizens who are allegedly being harmed by out-of-state defendants.
**(3) Plaintiff’s interest. **
The P may have been injured in the forum state and/or wants to sue at home. (convenient and effective relief)
