Personal Jurisdiction Flashcards
PJ is about the court’s power over the:
parties
PJ over plaintiff
Automatic b/c P consented by filing the case
PJ big question
Whether court has PJ over the defendant
PJ Two Step analysis
1) Exercise must fall within a state statute
2) exercise must satisfy the constitution (due process)
Same in federal and state court.
Statutory Analysis
Each state has its own PJ statutes. Each has a long arm statute
Long arm statutes
grants PJ over nonresidents who perform or cause certain things within the state
Constitutional Analysis and factors
Does the D have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fairplay and substantial justice.
1) Contact
2) Relatedness
3) Fairness
Contact factors
1) Purposeful availment
2) forseeability
Purposeful availment (contact factor)
Contact must result from defendant’s voluntary act
Forseeability (contact factor)
Must be foreseeable that D would be sued in the forum
Relatedness
Does plaintiff’s claim arise from or relate to Defendant’s contact with the forum?
If yes, case involves specific PJ.
If not, there must be general PJ.
Specific PJ - clearly arise and relate (relatedness factor)
Clearly arise: D’s contact caused the harm
Relate: IF D has substantial contact with the forum state, relatedness is satisfied if the claim merely relates to D’s contacts with the forum
General PJ effect (relatedness factor)
if it exists, D can be sued in the forum on a claim that arose anywhere in the world
General PJ how to (relatedness factor)
Generally: D must be at home in the forum; OR served with process in the state
RARE alternative: D registered to do business in the state and have appointed an agent for service of process there (assuming state law authorizes general PJ on this basis)
Where is a human at home?
Where she is domiciled.
