Personal Jurisdiction Flashcards
What is the first step in determining personal jurisdiction?
look to the state statute (if there’s no state long arm statute, court lacks PJ)
how must federal courts analyze PJ?
as if it were the court of the state in which it sits
what are the two factors for valid contact?
purposeful availment and foreseeability
“contacts” standard (Int’l Shoe)
defendant must have such minimum contacts with the forum that exercise of PJ would be fair and reasonable
when does purposeful availment occur?
contact results from defendant’s voluntary act of reaching out to the forum (don’t have to be physically present; effects can be enough)
when is a defendant’s contact foreseeable?
when it’s likely/predictable that defendant could be sued in the forum
what do we ask after finding a defendant’s valid contact with forum state?
does the plaintiff’s claim arise from or relate to the defendant’s contact with the forum?
what is specific personal jurisdiction?
defendant’s in state activity is based on isolated acts in the forum; thus PJ only proper for suits arising from/relating to that in state activity
what is general personal jurisdiction?
jurisdiction proper for any suit against the defendant (even if unrelated to contacts) so long as either (1) defendant registered to do business in the forum state OR (2) defendant is “at home” in the forum state
what is an individual’s “home” for general PJ purposes?
the state in which they are domiciled
what is a corporation’s “home” for general PJ purposes?
the state in which it was incorporated AND the state in which it has its principal place of business (either one will work)
“fairness” standard (Int’l Shoe)
(for specific PJ only) exercise of PJ must not offend traditional notions of fair play and substantial justice
when is a forum NOT constitutionally acceptable/convenient?
presumed acceptable unless it is so gravely difficult and inconvenient that a party is unfairly put at a severe disadvantage in comparison to opponent (high standard)
when is notice sufficient?
when it is reasonably calculated, under all circumstances, to (1) apprise interested parties of the action AND (2) afford them an opportunity to present their objections
what are the 2 constitutional requirements for valid personal jurisdiction?
defendant must have…
1) such contacts with the state that PJ would be fair + reasonable, AND
2) been given appropriate notice of the action and opportunity to be heard
