Personal Jurisdiction

Question 1

Basic Concept of Personal Jur

Answer 1

• deals w/ court’s power over the parties
  -> vs. subject matter jur deals w/ power over case
• court automatically has jur over pl b/c they filed case -> big q = whether there’s PJ over def

Question 2

Two-Step Analysis for Personal Jurisdiction

Answer 2

1 - exercise of PJ must first fall w/in a state statute
2 - exercise of PJ must satisfy the Constitution (due process)

• same in both fed + state ct (no difference in analysis either way)

Question 3

Personal Jurisdiction - Statutory Step

Answer 3

• each state has own statute for PJ (CHECK NC’s)
• each state has a “long arm” statute

Question 4

Long Arm Statute

Answer 4

• grants PJ over nonresidents who perform or cause certain things w/in the state
• in many states, this just says it allows courts to exercise PJ to the full extent of the Constitution -> statutory grant of PJ becomes the same as constitutional test
• other states have laundry-list long-arm statutes -> specify the situations in which exercise of PJ is statutorily authorized

Question 5

Constitutional Analysis - Core Q

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

Constitutional Analysis - Key Factors

Answer 6

• contact
• relatedness
• fairness

Question 7

Constitutional Analysis - Contact

Answer 7

• there must be relevant “minimum contacts” between defendant + forum state
• two factors to be addressed = purposeful availment + foreseeability

Question 8

Constitutional Analysis - Purposeful Availment

Answer 8

• the contact must result from Defendant’s purposeful availment (i.e. voluntary act)
  -> means def must reach out to the forum, + the contact must result from this targeting of the forum
• def CAN avail w/o setting foot in the forum though (by causing an effect in the forum)

Question 9

Purposeful Availment - Examples

Answer 9

1) marketing a product in the forum
2) using the roads in a forum
3) establishing a domicile in the forum
4) traveling in the forum
5) sending a tortious email into the forum
6) maintaining an interactive website w/in the forum may be sufficient for PJ if def was targeting customers or readers w/in the forum

Question 10

Contact - Foreseeability

Answer 10

• is it foreseeable that def could be sued in the forum?

Question 11

Constitutional Analysis - Relatedness

Answer 11

• core q: does pl’s claim arise from or relate to def’s contact w/ the forum?
  -> if “yes”, the case involves “specific pj”
  -> if “no”, the only way to proceed is if the court has general PJ

Question 12

How to Test For Relatedness

Answer 12

• q = whether pl’s claim “arises out of or relates to” def’s contact w/ the forum
  -> definitely arises out of the contact if def’s contact caused the harm to pl
  -> even if contact didn’t clearly cause the injury, relatedness satisfied if def has substantial contact w/ forum state + the claim merely relates to def’s contacts w/ the forum

Question 13

What happens if relatedness is satisfied?

Answer 13

• case gets assessed for specific PJ -> next assess whether exercise of jur would be fair or reasonable

Question 14

General PJ - Requirements

Answer 14

• exists where def is either at home in the forum or has registered to do business in the state + has appointed an agent for service of process there (assuming state law authorizes pj on this basis)

Question 15

General PJ -Significance

Answer 15

• look for this if relatedness is NOT satisfied
• if general PJ exists, def can be sued in the forum on a claim that arose anywhere in the world

Question 16

Where is a human always “at home”?

Answer 16

• where the human is domiciled -> means you’re then subject to general pj there

Question 17

Significance of Def Being Served with Process in a State

Answer 17

• court has general jurisdiction when def is served w/ process in the state
• concept of “tag jurisdiction” (even if you’re temporarily there, you’re still subject to gen pj if you’re served)

Question 18

Where is a corporation subject to general PJ?

Answer 18

• in any state that allows PJ to be exercised on registration w/ the state
  -> failing that, the co must be “at home” in the forum - applies to:
  1) the state in which it is incorporated AND
  2) the state in which it has its principal place of business

Question 19

Personal Jurisdiction - Exam Tip

Answer 19

• DON’T FORGET THERE ARE TWO TYPES OF PJ
  -> general AND specific -> means that even if you don’t have one, may still have the other
  -> i.e. even if def not “at home”, might still have specific pj

Question 20

Constitutional Analysis - Fairness

Answer 20

• assess whether PJ would be fair (or reasonable) under the circumstances
• ONLY addressed for specific PJ (NOT for general)

Question 21

Fairness Factors

Answer 21

• burden of def + witnesses
• state’s interest
• pl’s interest

Question 22

Fairness - Burden on Def + Witnesses

Answer 22

• due process doesn’t guarantee most convenient forum for def
  -> forum constitutionally okay unless def can show severe disadvantage in the litigation (very difficult to meet)

Question 23

Fairness - State’s Interest

Answer 23

• forum state may want to provide a courtroom for its citizens who are allegedly being harmed by out-of-state defs
• should mention state’s interest in answer to essay q

Question 24

Fairness - Pl’s Interest

Answer 24

• pl is maybe injured in forum state and/or wants to sue at home

Question 25

Summary of the Constitutional Test for PJ

Answer 25

• contact: purposeful availment + foreseeability
• relatedness (arise out of and relate to) -> determines whether jur will be based on gen pj or specific
• fairness (specific PJ only): burden/convenience, state’s interest, plaintiff’s interest

Question 26

Limits on Personal Jurisdiction - Statutory

Answer 26

States generally require that def:
- is present in the forum state at the time of service
- is domiciled in the forum state
- has given express or implied consent to jurisdiction OR
- meets the requirements of the forum’s states long arm or other statute

Question 27

Limits on Personal Jurisdiction - Constitutional: Contacts

Answer 27

Contacts must show that def:
- purposefully availed herself of the forum state’s laws AND
- knew or reasonably should’ve anticipated that her activities in the forum made it foreseeable that she may be “haled into court” there

Question 28

Limits on Personal Jurisdiction - Constitutional: Relatedness

Answer 28

• if the claim is related to def’s contact w/ the forum, a court is more likely to find that jur as to that claim (specific jur) is fair + reasonable OR
• if claim = unrelated to def’s contact w/ the forum, the court must have gen jur over def, which requires the def to have registered to do business or be at home in the jur

Question 29

Limits on Personal Jurisdiction - Constitutional: Fairness

Answer 29

Court will also consider:
- whether forum is “so gravely difficult + inconvenient” that the def is put at a severe disadvantage
- forum state’s legit interest in providing redress for its resident
- pl’s interest in obtaining convenient + effective relief
- interstate judicial system’s interest in efficiency AND
- shared interest of the states in furthering social policies