Personal Jurisdiction

Question 1

What is personal jurisdiction?

Answer 1

The court’s power over the parties

Question 2

What is the “big question” of personal jurisdiction?

Answer 2

Because Plaintiff filed the case and the court automatically has power over her (i.e., “consented” to PJ, the big question is whether the Defendant has sufficient contacts with the forum state so that the exercise of personal jurisdiction is fair and reasonable?

Question 3

Personal Jurisdiction Two-Step Analysis

Answer 3

1. The exercise of PJ must first fall within a state statute
2. The exercise of PJ must satisfy the constitution (due process)

Question 4

PJ Statutory Step

Answer 4

Each state has a “long arm” statute granting PJ over nonresidents who perform or cause certain things within the state. Many states simply allow states to exercise PJ to the fullest extent of the Constitution (step 2 of analysis), whereas others have requirements specifying when PJ is authorized (i.e. certain types of claims, etc.).

States may generally requirement that the D is present at forum state at time of service, is domiciled in forums tate, has given express or implied consent to jurisdiction, or meets the requirements of state’s long arm statute.

Question 5

PJ Constitutional Analysis: What question are we trying to answer?

Answer 5

Does the Defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

Question 6

PJ Constitutional Analysis: 3 Factors

Answer 6

1. Contact
2. Relatdness
3. Fairness

Question 7

PJ Constitutional Analysis: Contact Requirements

Answer 7

There must be relevant “minimum contacts” between Defendant and the forum state. We address this through (1) purposeful availment and (2) foreseeability.

1. Purposeful availment: the contact must result from D’s purposeful availment, i.e., voluntary act. D must reach out to the forum, and the contact must result from this targeting of the forum.
2. Foreseeability: After finding that D availed herself of the forum, we ask: is it foreseeable that D could be sued in the forum?

Question 8

PJ Constitutional Analysis: Relatedness Requirements

Answer 8

Does Plaintiff’s claim arise from or relate to the D’s contact with the forum?

Relatedness Test: Does P’s claim against D “arise out of or relate to” D’s contact with the forum?

If yes, specific PJ! As such, we jump to whether the exercise of jurisdiction would be fair or reasonable.

If no, general PJ! The D either must be at home (domiciled) in the forum or must have registered to do business in the state and have appointed an agent for service of process there. The court also has general PJ where D served with process in the state.

A corporation has general PJ where (1) incorporated and (2) has its principal place of business

Question 9

PJ Constitutional Analysis: Fairness Requirements (Specific PJ Only)

Answer 9

We consider:

1. Burden on the defendant and witnesses
2. State’s interest
3. Plaintiff’s interest